The agreement between you, as a coach or studio, and Train with Swan governing your subscription to Swan HQ Pro.
We are ANWAR CORNELIUS OTHMAN GLENN TR, doing business as Train with Swan and Swan HQ Pro ("Company", "we", "us", "our"), registered in California, United States at 5607 Santa Anita Ave, Temple City, CA 91780.
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@trainwithswan.com
Swan HQ Pro is intended for use by individuals and businesses in the fitness coaching industry — 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.
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.
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.
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 to help import your existing programs, exercises, clients, and client workout history from other platforms or file formats, at no additional cost during early access. 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.
Building out custom exercises beyond straightforward migration (written instructions plus a filmed demo, done on your behalf) is a separate hands-on service, billed for the time it takes, and is not covered by the free migration offered above.
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.
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.
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.
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 Los Angeles, California. 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 California, 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 / Swan HQ Pro · ACOG TR
5607 Santa Anita Ave, Temple City, CA 91780