The agreement between you, as a coach or studio, and Train with Swan governing your subscription to Swan HQ Pro.
We are TWS HQ Holdings LLC, a Wyoming limited liability company located at 30 N Gould St, Ste N, Sheridan, WY 82801. Swan HQ Pro is a product line of Train with Swan, operated by TWS HQ Holdings LLC ("Company", "we", "us", "our").
These Terms are the agreement between the Company and any independent trainer, coach, or studio ("Coach", "you") who registers for or subscribes to Swan HQ Pro, our white-label coaching platform. By creating a Swan HQ Pro account or subscribing to a plan, you have read, understood, and agreed to be bound by these Terms. If you do not agree, do not create an account or use the Service.
Swan HQ Pro is a business-to-business software subscription. It is separate from Train with Swan's consumer coaching services and the consumer Swan HQ / Swan HQ+ app, which are governed by their own Terms of Service. If you are a client of a coach who uses Swan HQ Pro, see Section 09 below.
Contact us at any time: info@swanhqpro.com
Swan HQ Pro is intended for use by individuals and businesses in the fitness coaching industry, such as independent personal trainers, online coaches, and studios, acting in a professional or business capacity, not as consumers. You represent that you are at least 18 years of age, that you are a fitness professional or authorized to operate a coaching business, and that you have the authority to bind yourself (or the studio you represent) to these Terms.
Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between you and the Company. You are, and remain, an independent business.
Swan HQ Pro provides a client-facing training app carrying your own brand (name, logo, and accent color), a library of 400+ anatomical exercise demonstration videos, the ability to add your own custom exercise videos, program and workout tracking for your clients, and a form-check feature allowing your clients to submit video for your review.
The Company operates and hosts the Service; you use it to deliver your own independent coaching business to your own clients. The Company is not your clients' coach. All coaching judgment, programming decisions, and client relationships are yours alone.
The Service is provided on an ongoing basis, and we may modify, add, remove, suspend, or discontinue features, or the Service itself, at any time, with reasonable advance notice where a change materially reduces core functionality you rely on. If we discontinue the Service entirely, we will give you reasonable notice and a window to export your data and your clients' data before access ends. We are not liable for any modification, suspension, or discontinuation made in accordance with this section, but a discontinuation is handled under Section 16 (Termination) where fees you have prepaid for a period you will not receive are concerned.
You must register for a Coach account with a valid email address and a secure password to use the Service. You are responsible for safeguarding your login credentials and for all activity under your account, and for any activity your staff or associates undertake using access you grant them. Notify us promptly of any unauthorized use of your account.
You are responsible for inviting and managing your own clients' accounts within the Service, including removing a client's access when your coaching relationship with them ends.
Your clients reach the app through an invitation you send them, which gives them free access to the app's core training features under your brand. You control that access, you can pause, extend, restore, or remove any client at any time.
Swan does not bill your clients, and does not remove them for you. Because Swan HQ Pro has no coach-to-client payment processing, Swan never automatically ends or "duns" a client's access for being out of sessions or behind on payment, that does not happen to your clients. Whether a client keeps access, any prepaid-session arrangement you offer them, and any payment for it are governed entirely by your own relationship with them and the controls above. (Separately, when your own Swan HQ Pro subscription ends, all of your clients' access to your branded app ends, as described in Section 05.)
A client's own Swan HQ or Swan HQ+ subscription is Swan's separate consumer product, the Swan app, the Swan program library, and Train with Swan's coaching input on that client's own content. It does not grant the client any right to a custom program you built for them; access to your program is governed by your relationship with the client, not by any Swan subscription. When your relationship with a client ends, the client keeps their own Swan account and the workout history they have logged, those are theirs and are not deleted by ending the relationship.
You set and credit each client's prepaid session balance within the Service, and balances draw down as sessions are delivered or logged. The Service does not process payments between you and your clients, there is no client-billing or payment-collection integration for your coaching. You are responsible for collecting payment for sessions and coaching from your clients directly, outside the platform, and for any refunds you owe them. Your Swan HQ Pro subscription fee (Section 04) is the only money that moves through the Company.
Swan HQ Pro is offered on flat-rate monthly subscription plans (currently Essential and Vanguard, with Studio available by arrangement), each with an active-client cap as described on swanhqpro.com. Plans are billed in advance on a recurring monthly basis through Stripe and renew automatically until canceled. You authorize these recurring charges.
Swan HQ Pro is currently in early access with founding-cohort pricing. If you subscribe during the founding-cohort period, your plan's price is locked in for as long as you keep your subscription active and in good standing, it will not increase to any higher standard price introduced later. Once the founding-cohort window closes, new subscribers pay then-current standard pricing; this does not affect the locked-in price of existing founding-cohort subscribers.
Your locked-in founding price applies to your current plan. Changing plans (e.g. upgrading from Essential to Vanguard) after the founding window closes takes the new plan's then-current price. A lapse in subscription (including cancellation and later resubscribing) is not guaranteed to preserve founding pricing.
Each plan is capped at a maximum number of active clients. Paused and archived clients do not count against your cap. If you exceed your plan's cap, we will contact you to upgrade to a plan with sufficient capacity before further active clients can be added.
We may change subscription fees with reasonable advance notice as permitted by law. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fee.
You may cancel or modify your subscription at any time through the Stripe Customer Portal. Cancellation stops future billing but does not refund any amount already paid. Your access to the Service, and your clients' access to their branded app, continues through the end of your current paid billing period, after which access ends.
Your clients are not deleted when your access ends. After your subscription ends, each client keeps their own Swan HQ account and everything they have logged; they revert to the app's free tier, losing the branded experience and the ability to actively use the programs you built for them. Nothing they logged is erased by your cancellation.
Full detail is in our Refund Policy, which is incorporated into these Terms by reference and is the controlling document in the event of any conflict.
You grant the Company a limited, non-exclusive, revocable license to display the name, logo, and accent color you provide ("Brand Assets") within the client app used by your clients, solely to provide the white-label experience you're subscribing to. You represent that you own or have the right to use the Brand Assets you provide, and that displaying them as directed does not infringe any third party's rights. This license ends when your subscription ends or you remove your Brand Assets.
You may upload your own exercise demonstration videos, form-check voiceover reviews, and related content ("Your Content"). You own Your Content. You grant the Company a limited, non-exclusive license to host, store, process, and stream Your Content within the Service, solely to operate the Service for you and your clients.
You represent and warrant that: you own or have all necessary rights to Your Content, including the consent of anyone appearing or audible in it; Your Content does not infringe any third party's intellectual property, publicity, or privacy rights; and Your Content complies with these Terms and applicable law. You are solely responsible for Your Content.
For founding-cohort coaches, the Company offers, at no additional cost during early access, to set up your existing training programs in your account, ready for you to assign to your clients. You may provide these in whatever form you have them, platform exports, spreadsheets, or screenshots. Where a movement in your programs is not already in the Company's exercise library, the Company will match it to an existing library exercise or create a custom exercise entry owned by your account, which you can later edit and add your own demo video to. Where you provide a client's workout history in a structured export the Company can process, a Hevy export today, with other formats (such as a Trainerize export or a CSV file) supported on a best-efforts basis, the Company can also import that history, on a per-client basis, and only once that client is active on your roster. The Company does not transcribe handwritten, scanned, photographed, or other free-form records into workout history. The Company will use commercially reasonable efforts to import your data accurately, but does not guarantee completeness or perfect accuracy of migrated or imported data, particularly data derived from spreadsheets, screenshots, or photos of paper records. You are responsible for reviewing imported data for accuracy before relying on it.
The free founding-cohort migration is limited to the program setup (including matching or creating your custom exercise entries) and per-client history import described above. It does not include creating or inviting your clients' accounts, you invite your own clients, and does not include filming, producing, or uploading the demo videos for your custom exercises on your behalf. Producing your custom exercise videos (filming plus a written how-to) and any other hands-on onboarding beyond the setup described above are a separate hands-on service, billed hourly, and are not covered by the free founding migration.
When your clients use the app you provide them, they create account, program, workout, and (if you use form-check) video data ("Client Data"). As between you and the Company, you control what Client Data is collected and how it's used to coach your clients, the Company processes Client Data to operate the Service on your behalf and at your direction, in the role of a service provider.
You are responsible for your own relationship with your clients, including obtaining any consent or providing any notice your clients are legally entitled to regarding the collection and use of their data through the app you've chosen to coach them on. The Company's handling of Client Data is described further in our Privacy Policy.
Swan HQ Pro is a software platform, not a fitness, medical, or clinical service. The Company does not coach, train, or supervise your clients, you do. The Company is not a party to your coaching relationship with your clients and has no visibility into, or responsibility for, their individual health status, limitations, or readiness to exercise.
As between you and the Company, you are solely responsible for the appropriateness of any programming you assign, for any health screening or intake you choose to conduct with your own clients, and for your own liability waiver or release with each client you coach. The Company strongly recommends you maintain your own client waiver, health-history intake, and liability coverage independent of this platform, the Service does not provide any of these for you.
If any of your clients are minors, you are solely responsible for obtaining verifiable parental or guardian consent, for any minor-specific waiver, and for complying with all laws protecting minors, including children's privacy laws such as COPPA. The Service provides no age-verification or parental-consent mechanism and relies entirely on you to screen for and handle minor clients appropriately.
You agree not to:
The Company owns or licenses all intellectual property rights in the Swan HQ Pro platform itself, source code, software, the 400+ exercise demo library, design, and functionality. Nothing in these Terms transfers ownership of the platform, its exercise library, or its software to you.
You are not licensing the exercise video library, in whole or in part, not even the videos you use. Your subscription pays for the ability to assign videos from the library to your clients' workouts within the Service while your subscription is active. It does not grant you, or your clients, any right to download, copy, extract, redistribute, or use those videos outside the Service, and it does not grant any license to the videos themselves. This applies whether or not you are currently paying, no subscription tier, past or present, confers any rights to the video content itself. When your subscription ends, your ability to assign or display any library video to a client ends immediately along with it.
You own Your Content (Section 07) and your clients own their Client Data (Section 09), subject to the licenses described in those sections.
"Swan HQ", "Swan HQ Pro", "Train with Swan", and their associated logos are trademarks of the Company. The white-label rights in these Terms are rights to display your own brand inside the client app, they do not grant you any right to use the Company's names, logos, or trademarks. Except where the Service itself displays them, you may not use the Company's marks without our prior written permission.
If you send us ideas, suggestions, feature requests, or other feedback about the Service, something we actively welcome from founding-cohort coaches, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize that feedback for any purpose, with no obligation to compensate you, keep it confidential, or credit you. Feedback is given voluntarily, and we may act on it or not at our discretion. This gives us no rights in Your Content (Section 07) or in your independent business.
We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send written notice to info@swanhqpro.com (subject line "Copyright Notice") that identifies the copyrighted work, identifies the specific content you claim is infringing and where it appears, gives your contact information, states in good faith that the use is not authorized by the rights holder or the law, and states, under penalty of perjury, that your notice is accurate and that you are the rights holder or authorized to act on their behalf. We will review valid notices, remove or disable infringing content where appropriate, and may terminate the account of anyone who repeatedly infringes.
The Company makes no warranty, express or implied, that using Swan HQ Pro will produce any particular business outcome, including client acquisition, client retention, or revenue. Your coaching business results depend on factors entirely outside the Company's control.
The Service relies on third-party providers including Stripe (payments), cloud database and hosting providers, and cloud video storage. The Company is not liable for outages, errors, or data loss caused by these third-party providers.
Please review our Privacy Policy, which is incorporated into these Terms by reference and describes how we handle your data and your clients' data.
The Company may suspend or terminate your account for breach of these Terms, non-payment, or conduct that harms the Service, other coaches, or their clients. If we terminate your account other than for cause, we will provide reasonable notice and, where fees have been paid for a period you will not receive, a pro-rated refund for that unused portion. If we terminate for cause, no refund is due.
You may terminate by canceling your subscription (Section 05) at any time.
Before your access ends, whether by cancellation or termination, you may export your own content and your clients' data from within the Service. After your access ends, we are not obligated to retain your data indefinitely; we retain or delete it in line with our Privacy Policy and our standard retention schedule. Your clients keep their own Swan HQ accounts and logged history independently of your subscription (Section 05).
Termination or expiration of your subscription does not erase the parts of these Terms meant to outlast it. The following survive: our intellectual-property ownership and the exercise-library restrictions (Section 12), the restrictions in Acceptable Use (Section 11), any fees already owed, and Sections 20 (Disclaimer), 21 (Limitation of Liability), 22 (Indemnification), and 18 (Dispute Resolution), along with any other provision that by its nature should continue.
The Company is not liable for any failure or delay in performing its obligations arising from causes beyond its reasonable control, including acts of God, natural disasters, government action, or outages of the platforms the Service depends on.
The parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating mediation or arbitration.
If informal negotiation fails, the dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), in Sheridan, Wyoming. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration is limited to disputes between parties individually, no class-action basis. Disputes over intellectual property rights, or claims for injunctive relief, are not subject to arbitration.
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
You agree to defend, indemnify, and hold the Company harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to: (1) Your Content; (2) your relationship with your own clients, including any coaching, training, or health-related claim arising from services you provide them; (3) your breach of these Terms; (4) your violation of any third party's rights; or (5) your violation of applicable law.
Train with Swan · TWS HQ Holdings LLC