Terms of Service
Effective Date: January 15, 2025
Welcome to Pelatas. These Terms of Service ("Terms") govern your access to and use of the Pelatas platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. About Pelatas
Pelatas is a connection platform that helps people discover and contact independent trainers, mentors, and other service providers ("Trainers").
Important: Pelatas does not vet, verify, or background-check Trainers, and does not guarantee the quality, safety, legality, or results of any services. Pelatas is not a party to any agreements between Trainers and clients. All scheduling, payments, communications, and outcomes are strictly between the users.
2. Acceptance of Terms
By creating an account, accessing, or using Pelatas, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
These Terms constitute a legally binding agreement between you and Pelatas. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use Pelatas. By using the Service, you represent and warrant that:
- You meet the age requirement
- You have the legal capacity to enter into these Terms
- You are not prohibited from using the Service under applicable laws
- All information you provide is accurate and complete
If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
4. Account Registration
4.1 Creating an Account
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong password and keep it confidential
- Notify us immediately of any unauthorized access or security breach
- Log out of your account at the end of each session
- Not share your account with others
4.3 Account Types
Pelatas offers two types of accounts: Client accounts and Trainer accounts. Each account type has different features and responsibilities as outlined in these Terms. You may not create multiple accounts for deceptive or malicious purposes.
5. Use of the Service
5.1 License Grant
Subject to your compliance with these Terms, Pelatas grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use (or commercial use if you are a registered trainer).
5.2 Acceptable Use
You agree to use the Service in accordance with these Terms and all applicable laws and regulations. You will not:
- Violate any laws or regulations
- Infringe upon the rights of others
- Use the Service for any fraudulent or illegal purpose
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any part of the Service
- Use automated systems (bots, scrapers) without permission
- Impersonate any person or entity
- Harass, threaten, or abuse other users
6. User Content
6.1 Your Content
You may submit, upload, or post content to the Service, including but not limited to profile information, photos, videos, reviews, and messages ("User Content"). You retain all ownership rights in your User Content.
6.2 License to Pelatas
By submitting User Content, you grant Pelatas a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and Pelatas' business, including for promotional purposes.
6.3 Content Responsibilities
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not infringe any third-party rights
- Your User Content complies with these Terms and applicable laws
- Your User Content does not contain viruses or malicious code
6.4 Content Monitoring
Pelatas does not pre-screen User Content but reserves the right to review, monitor, and remove any User Content at our sole discretion, including content that violates these Terms or is otherwise objectionable.
7. Intellectual Property
7.1 Pelatas Property
The Service, including all content, features, and functionality (other than User Content), is owned by Pelatas and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. The Pelatas name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pelatas.
7.2 Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Remove or modify any copyright, trademark, or proprietary notices
- Use Pelatas trademarks without prior written permission
- Frame or mirror any part of the Service
8. Prohibited Activities
In addition to the restrictions outlined elsewhere in these Terms, you agree not to:
8.1 Prohibited Data Collection
Pelatas.com and its public directory of trainer profiles are provided solely to facilitate legitimate connections and bookings through the Pelatas platform. You may not use any automated or manual means — including but not limited to bots, scrapers, crawlers, spiders, data-mining tools, bulk-copying, or systematic manual harvesting — to collect, extract, store, or compile any information from publicly visible trainer profiles. This includes trainer names, email addresses, phone numbers, social media handles, profile details, or any other information displayed on Pelatas trainer profiles.
8.2 Important Clarification
Client information is never publicly displayed on Pelatas and is only shared directly with a trainer when the client initiates a booking request. This clause applies solely to publicly visible trainer profile data.
8.3 Restricted Uses
- Collecting trainer contact information for marketing, solicitation, recruitment, or outreach outside of Pelatas
- Creating external lists, databases, spreadsheets, or directories using Pelatas trainer information
- Using Pelatas.com as a lead-generation source for any product, service, or business unrelated to booking sessions through Pelatas
- Attempting to bypass, circumvent, or interfere with any technical measures designed to limit automated access or protect user data
8.4 Permitted Use
Information displayed on Pelatas trainer profiles may only be used by clients for the purpose of communicating with trainers regarding services offered through Pelatas, or for any other use expressly authorized by Pelatas in writing.
8.5 Enforcement
Pelatas may review, investigate, or take action in response to suspected scraping or data-harvesting activity. Violations of this policy may result in immediate suspension or termination of your account, revocation of access to the platform, and referral to legal counsel for further action.
8.6 Partnership Requests
If you are interested in a legitimate partnership, advertising opportunity, or approved outreach program involving Pelatas trainers, please contact Team@Pelatas.com to discuss authorized options. Any bulk-access or automated access to Pelatas data requires prior written permission or an approved Pelatas API integration.
- Post false, inaccurate, misleading, or defamatory content
- Engage in any discriminatory behavior or hate speech
- Solicit personal information from minors
- Use the Service to transmit spam or unsolicited messages
- Engage in price manipulation or fraudulent transactions
- Circumvent any security features of the Service
- Collect user data without consent
- Engage in any activity that could harm Pelatas' reputation
- Violate any trainer's intellectual property or proprietary training methods
- Use the Service to compete with Pelatas
9. Trainer-Client Relationships
9.1 Independent Relationship
Pelatas is a platform that connects trainers with clients. Trainers are independent contractors, not employees or agents of Pelatas. Any agreements, transactions, or relationships between trainers and clients are solely between those parties.
9.2 Trainer Responsibilities
Trainers are responsible for:
- Maintaining appropriate licenses, certifications, and insurance
- Setting their own rates and availability
- Providing accurate information about their qualifications and experience
- Delivering training services as agreed with clients
- Complying with all applicable laws and regulations
- Handling their own taxes and financial obligations
9.3 Client Responsibilities
Clients are responsible for:
- Evaluating trainers before engaging their services
- Communicating their goals, limitations, and health conditions
- Following agreed-upon payment terms
- Providing honest and constructive reviews
- Respecting trainers' time and expertise
9.4 Pelatas' Role
Pelatas provides the platform and facilitates connections but does not:
- Employ or control trainers
- Verify the qualifications, credentials, or background of trainers
- Guarantee the quality, safety, or legality of training services
- Mediate disputes between trainers and clients
- Assume liability for trainer-client interactions or transactions
10. Payment Terms
10.1 Service Fees
Creating a client account on Pelatas is complimentary, and trainers are also able to establish profiles at no cost. Please note that, in the future, Pelatas may implement service fees for completed transactions. Any such fees will be transparently communicated in advance of any changes.
10.2 Trainer-Client Payments
Payment arrangements, including rates, methods, and schedules, are agreed upon directly between trainers and clients. Pelatas does not currently process payments but may introduce payment processing features in the future.
10.3 Cancellations and Refunds
Pelatas facilitates booking and payment between trainers and clients. Refund and cancellation terms for sessions are set by each trainer; Pelatas does not mediate individual disputes.
10.4 Taxes
Users are responsible for determining and paying any applicable taxes related to their use of the Service. Trainers are responsible for their own tax obligations as independent service providers.
11. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.
You are responsible for maintaining the confidentiality of information you share with trainers or clients. Pelatas is not liable for the privacy practices of users when communicating outside the platform.
12. Disclaimers
12.1 "As Is" Basis
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 No Guarantee of Results
Pelatas does not guarantee any specific results from using the Service or engaging with trainers. Training outcomes depend on numerous factors beyond our control.
12.3 Health and Safety
THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always consult with a qualified healthcare provider before beginning any training program, especially if you have pre-existing health conditions.
12.4 Third-Party Content
The Service may contain links to third-party websites or services. Pelatas is not responsible for the content, accuracy, or practices of third parties.
12.5 Availability
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We may suspend or discontinue the Service at any time without notice.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PELATAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Personal injury or property damage
- Interruption of use or loss of services
- Cost of substitute services
IN NO EVENT SHALL PELATAS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO PELATAS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Pelatas, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
- Your interactions with other users, including trainers and clients
- Any training services provided or received through the platform
15. Termination
15.1 Termination by You
You may terminate your account at any time by contacting us at team@pelatas.com. Termination will be effective within a reasonable timeframe.
15.2 Termination by Pelatas
Pelatas may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including if:
- You violate these Terms
- Your conduct poses risk to other users or Pelatas
- We are required to do so by law
- We discontinue the Service
15.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
16. Dispute Resolution
16.1 Informal Resolution
If you have a dispute with Pelatas, you agree to first contact us at team@pelatas.com and attempt to resolve the dispute informally.
16.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
16.3 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California.
16.4 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and Pelatas individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated on a class-action basis or utilizing class action procedures.
16.5 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
17. Copyright and DMCA
17.1 Copyright Policy
Pelatas respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
17.2 DMCA Notices
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our copyright agent with the following information:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing
- Your contact information (address, phone number, email)
- A statement that you have a good faith belief that the use is not authorized
- A statement that the information in the notice is accurate
- Your physical or electronic signature
17.3 Copyright Agent
DMCA notices should be sent to:
Copyright Agent
Pelatas
Los Angeles, California
Email: team@pelatas.com
17.4 Repeat Infringers
Pelatas will terminate the accounts of users who are repeat infringers of copyright.
18. Changes to Terms
Pelatas reserves the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on the Service
- Updating the "Effective Date" at the top of these Terms
- Sending you an email notification (if you have provided an email address)
- Displaying a prominent notice on the Service
Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and delete your account.
We encourage you to review these Terms periodically to stay informed of any updates.
19. Miscellaneous
19.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pelatas regarding the Service and supersede all prior agreements and understandings.
19.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pelatas' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without Pelatas' prior written consent. Pelatas may assign or transfer these Terms at any time without restriction.
19.5 Force Majeure
Pelatas shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.
19.6 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
20. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us:
Email: team@pelatas.com
Pelatas
Miami, Florida
United States
We will respond to your inquiry as soon as reasonably possible. For urgent matters related to your account or potential violations of these Terms, please indicate "URGENT" in your subject line.
By using Pelatas, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.