1. Parties and Acceptance

1.1. These Terms and Conditions govern the use of the Motiv8 application and website operated by ELEVATELITE, LDA, company number (NIPC) 518205037, registered at Rua das Saloeiras, no. 4, 3130-080 Granja do Ulmeiro, Portugal (hereinafter “Motiv8”, “we”, “our”).

1.2. By accessing, registering, using or subscribing to any services available on the Platform, the User (“User”, “Practitioner”), the Professional (individual trainer) and the Club (entity/space) agree to fully comply with these Terms.

2. Definitions

For the purposes of this document:

• Platform / App / Website = Motiv8 (digital interfaces).
• User / Practitioner = individual who books/participates in classes.
• Professional / Provider = trainer (individual) who offers classes.
• Club / Partner Entity = gym, studio or company that provides space/services.
• Class / Session = service scheduled through the Platform.
• Motiv8 Wallet = internal credit management feature / transaction history.
• Motis = internal credit units used on the Platform (not electronic money, no monetary value outside the Platform, not independently convertible into cash).
• Commission = percentage deducted by Motiv8 from each valid transaction.
• Force Majeure = extraordinary and unforeseeable events (e.g. natural disasters, strikes, pandemics, third-party service outages, etc.).

3. Nature of the Relationship and Scope

3.1. Motiv8 provides a technology intermediation service. We are not providers of classes, we do not employ Professionals and we do not manage Club operations.

3.2. The contractual relationship regarding the provision of the service (class) exists exclusively between the User and the Professional or Club. Motiv8 assumes no direct liability for the execution, quality, content or results of classes provided by third parties, except as expressly stated in these Terms.

3.3. Motiv8 acts exclusively as a digital technology intermediation platform and is not a provider of training, physical coaching, clinical advice or sports services.

3.4. Professionals and Clubs act entirely independently, at their own risk, with no employment, corporate, agency, representation or joint liability relationship between them and Motiv8.

3.5. Motiv8 does not supervise or control the delivery of classes, does not continuously validate training methods, and does not guarantee physical results, performance or technical suitability of activities.

4. Registration, Accounts and Requirements

4.1. Minimum age: the Platform is intended exclusively for users aged 18 or over. Registration by persons under 18 is not permitted.

4.1.1. Participation by minors in classes is only permitted through a booking made by a registered adult user, who generates an individual QR code and shares it with the minor. The adult purchaser assumes full responsibility for the minor’s participation, including physical fitness, suitability of the class for the minor’s age and condition, and accuracy of information provided at the time of purchase.

4.1.2. The Professional/Club defines minimum and maximum age limits for each class at the time of creation. Where a booking is made for a minor, the system validates the declared date of birth against those limits before allowing the purchase to proceed.

4.2. Registration requires truthful, up-to-date and complete information. Providing false or incomplete information authorises suspension and deletion of the account.

4.3. Each account is personal, non-transferable and exclusive. Creating multiple accounts is prohibited.

4.4. Professionals and Clubs must submit supporting documentation (e.g. professional licence, tax ID, IBAN, commercial registration certificate, municipal space use permit where applicable). Motiv8 may validate documentation, request additional information or refuse registration.

4.5. The User is responsible for the confidentiality of their credentials; all actions carried out on the account are their responsibility.

5. Services, Class Creation and Publication

5.1. Professionals and Clubs create and manage classes specifying: title, description, location (in-person/online), start and end date/time, price, maximum participants, age limits (minimum and maximum), requirements and equipment needed.

5.2. Accuracy and transparency are mandatory: all published information must be correct, non-misleading and must comply with intellectual property rights (images, music, materials).

5.3. Publishing offensive, discriminatory, illegal or dangerous content is not permitted. Motiv8 may remove, suspend or refuse non-compliant content/classes.

5.4. The Professional/Club may not alter price or essential conditions (location, start/end time) of a class with confirmed bookings without offering an alternative accepted by participants; material changes must be communicated with reasonable advance notice.

6. Payments, Wallet, Commissions, Invoicing and Withdrawals

6.1. Payment Partner

6.1.1. All User payments are processed by euPago — Instituição de Pagamento, Lda., a regulated payment institution.

6.1.2. Motiv8 does not store complete card details or sensitive payment information.

6.1.3. euPago may apply its own fraud prevention and identity verification procedures.

6.2. User Payments and Client Invoicing

6.2.1. When a User purchases a class/service, ELEVATELITE, LDA automatically issues the corresponding invoice/receipt for the total amount paid, including any service fees.

6.2.2. Invoicing is carried out through certified software, with automatic communication to the Portuguese Tax Authority (SAFT/ATCUD).

6.2.3. Amounts paid by Users are received directly by Elevatelite, acting as intermediary between Client and Provider.

6.3. Commissions, Service Fee and VAT Arrangements

6.3.1. On each completed booking, Motiv8 retains a commission for platform maintenance, support, development and operational costs.

6.3.2. The commission is shown to the Professional/Club at the time of scheduling each class, before any confirmation, and is automatically deducted from the amount paid by the User.

6.3.3. The applicable commission rate is defined at the Partner’s onboarding and shown in their profile. The following rates currently apply:

• a) Founding Partners: 10% of the net class value (excluding VAT);
• b) All other Partners: 15% of the net class value (excluding VAT).

Motiv8 may update commission rates upon 30 days’ prior notice through official channels.

6.3.4. The commission is calculated on the net class value, excluding VAT. Illustrative example: class priced at €20.00 (VAT included) — taxable base €16.26 — Motiv8 commission at 10%: €1.63.

6.3.5. A service fee of €0.50 per booking is charged to the User and retained in full by Motiv8, regardless of the class value or applicable commission rate.

6.3.6. The Provider always has transparent access to the net amount available in their wallet, including:

• a) Class price set by the Provider;
• b) Motiv8 commission applied (percentage and amount);
• c) Service fee (for information);
• d) Wallet balance available, displayed in accordance with the Provider’s VAT status.

6.3.7. The balance shown in the Provider’s wallet reflects the VAT status registered in their profile:

• a) VAT-exempt Providers (e.g. under article 9 of the Portuguese VAT Code): the balance shown is the net amount excluding VAT, corresponding to the amount to be received.
• b) Providers under the standard VAT regime: the balance shown includes VAT on their service; the Provider is responsible for declaring and remitting this VAT to the Tax Authority.

6.3.8. To process a withdrawal, the Provider issues a fiscal document for the total value of their service (class value net of Motiv8 commissions), in accordance with their VAT status:

• a) VAT-exempt Provider: issues a receipt without VAT for the net amount available. Motiv8 transfers that amount.
• b) Standard VAT regime Provider: issues an invoice with VAT for the total amount (net + VAT). Motiv8 transfers the total amount and the Provider is responsible for remitting the VAT to the Tax Authority.

6.3.9. Motiv8 declares and remits VAT to the Tax Authority exclusively on the amounts it retains — commission and service fee. VAT relating to the Partner’s service provision is the sole responsibility of the Partner, in accordance with their tax status.

6.4. Balances and Withdrawals (Professionals / Clubs / Spaces)

6.4.1. The Provider’s balance is updated after each completed class, net of commission and service fee.

6.4.2. Providers may request a withdrawal no more than once every 30 days, this being the minimum period between withdrawals.

6.4.3. To process a withdrawal, the Provider must submit a valid fiscal document in PDF format issued to ELEVATELITE, LDA, for the net amount available, in accordance with their VAT status (see clause 6.3.8), including:

• a) Full tax identification details of the Provider;
• b) Identification of Elevatelite as the acquirer;
• c) Description: “Service provision — Class delivered through the Motiv8 platform”;
• d) Net amount as shown on the platform.

6.4.4. Payment period: up to 7 business days after validation of the fiscal document.

6.4.5. Absence, expiry or irregularity of documentation prevents scheduling of new classes, but does not prevent withdrawal requests, provided the submitted fiscal document is valid.

6.4.6. Motiv8 may, when necessary for tax, accounting, audit or internal regularisation purposes, request the Provider to issue a fiscal document for the available balance, regardless of whether a withdrawal request has been made.

6.4.7. Motiv8 may temporarily withhold amounts in cases of suspected fraud, dispute, tax irregularities or during verification processes.

6.5. Cancellations, Adjustments and Credit Notes

6.5.1. In the event of cancellation by the User, Elevatelite will issue the corresponding credit note in accordance with the platform’s cancellation policy.

6.5.2. If amounts already accounted for in the Provider’s balance relate to a cancelled class, these will be adjusted internally before payment.

6.5.3. The Provider should only issue a fiscal document for the final net balance available, after all adjustments.

6.6. Errors, Chargebacks and Disputes

6.6.1. Any transaction errors must be reported by the User or Provider within a maximum of 48 hours of detection.

6.6.2. In the event of a chargeback, bank dispute or payment reversal, Motiv8 may debit the equivalent amount from the Provider’s balance during the analysis.

6.6.3. The Provider will be notified and may submit evidence (e.g. attendance record, client communication) within 7 business days.

6.6.4. If the chargeback is reversed or deemed unfounded, the balance is reinstated to the Provider.

6.7. Digital Wallet and Motis (Future Implementation)

6.7.1. The “Motis” (internal credits) feature and digital wallet are not yet active.

6.7.2. When implemented, specific conditions will be added to these Terms with prior notice to all users.

6.7.3. Until activation, all payments, refunds and adjustments are processed exclusively through traditional means (card / MB Way / bank transfer).

7. Cancellations and Refunds

7.1. Users may cancel a booking up to 12 hours before the start of the activity, and will receive a full refund.

7.2. Cancellations must be made through the application or via channels provided by Motiv8.

7.3. Cancellations made less than 12 hours before the start of the activity are not eligible for a refund. Motiv8 may, on an exceptional basis and following case-by-case assessment, accept refund requests exclusively in the following circumstances, subject to appropriate documentation:

• a) Force majeure — natural disaster, widespread infrastructure failure or an unforeseeable and unavoidable event;
• b) Acute illness or accident, evidenced by a medical document issued on the same day or the day before;
• c) Death of a first-degree family member (spouse, child, parent or sibling);
• d) Cancellation of the activity by the Professional/Club after the User has already begun travelling to the venue.

Any refund request under this clause must be submitted in writing to geral@motiv8.pt within a maximum of 48 hours of the scheduled start of the activity. Motiv8 reserves the right to request supporting documentation.

7.4. Failure to attend a scheduled activity is considered a no-show, and no refund will be due.

7.5. If the activity is cancelled by the Professional or venue, the User is entitled to a full refund or the option to reschedule, subject to availability. The Professional/Club may propose a new date/time; each participant decides individually. No response within 24 hours is treated as refusal and the refund is processed automatically.

7.6. Refunds are processed via the same payment method used at booking; processing times may vary depending on the payment provider.

8. Obligations and Conduct of Users, Professionals and Clubs

8.1. Users: the User is responsible for ensuring their physical fitness before registering for any activity. The User must complete the PAR-Q questionnaire provided by the Platform. If responses indicate risk factors, the User is expressly advised to obtain medical clearance before participating. By proceeding with registration after risk-flagged PAR-Q responses without obtaining medical consultation, the User exclusively and fully assumes responsibility for any health consequences, expressly releasing Motiv8, the Professional and the Club from any related liability. The User also assumes responsibility for injuries caused by their own fault.

8.2. Professionals/Clubs: must ensure certifications are in place, maintain adequate insurance, comply with applicable legal and safety standards, maintain a safe environment and keep equipment in good order. They are liable for damages caused by their negligence.

8.3. Motiv8 acknowledges that relationships between Users and Professionals/Clubs may evolve organically beyond the Platform and does not seek to restrict such relationships. What is expressly prohibited is the deliberate use of the Platform solely to attract clients or schedule sessions with the intention of subsequently transferring them outside the Platform to avoid commission payments. The following are expressly prohibited:

• a) Publishing or scheduling classes on the Platform with the intention of not delivering them through it, using them solely as a means of contacting potential clients;
• b) Using Platform communication channels to request that a User cancel their booking and make payment directly outside the app;
• c) Sharing personal contact details through the Platform with the purpose of diverting future payments outside the commission system.

Breach of this clause may result in account suspension or termination and contractual penalties.

8.4. Prohibited conduct: harassment, discrimination, offensive language, intellectual property infringement, fraud or any unlawful act.

8.5. Mandatory Documentation for Professionals and Clubs

8.5.1. Individual Providers (Trainers / Personal Trainers)

Individual Providers must supply, keep valid and update whenever necessary:

• a) Valid Professional Licence (TEF or TPTD — IPDJ);
• b) Declaration of Commencement of Activity with the Portuguese Tax Authority;
• c) IBAN confirmation.

Note: legal insurance requirements are set out in clause 8.6.

8.5.2. Companies / Sports Facilities / Clubs

Entities providing services through the Platform must supply and keep valid:

• a) Operating Licence / applicable Permit;
• b) Active Commercial Registration Certificate (or equivalent);
• c) Active Business Declaration with the Portuguese Tax Authority;
• d) IBAN confirmation.

Note: legal insurance requirements are set out in clause 8.6.

8.5.3. Submission and Approval

Documentation may be submitted at registration or at a later stage.

While documentation is incomplete or unvalidated, the Provider may not schedule, accept or deliver classes, but may request withdrawals upon submission of a valid fiscal document.

8.5.4. Expiry and Revalidation

In the event of expiry of any mandatory document:

• a) the account remains active;
• b) the Provider is prevented from delivering or scheduling classes;
• c) the Provider may request withdrawals provided a valid fiscal document is submitted.

8.5.5. Verification by Motiv8

Motiv8 may request additional documentation, carry out periodic checks, and suspend access where documents are invalid, false or not provided within a reasonable timeframe.

8.6. Insurance — Information and Responsibility

8.6.1. The exercise of activity as an independent trainer or sports service provider entails, under applicable Portuguese legislation, a mandatory obligation to hold occupational accident insurance for self-employed workers. Motiv8 does not verify or monitor compliance with this obligation; responsibility for compliance rests solely with the Professional/Club.

8.6.2. It is strongly recommended that Professionals/Clubs hold professional public liability insurance, covering damages caused to third parties in the course of their activity. The absence of this insurance does not prevent registration or use of the Platform; the decision and responsibility rest solely with the Professional/Club.

8.6.3. Motiv8 assumes no liability for damages, injuries or losses arising from the absence or insufficiency of insurance coverage on the part of the Professional/Club.

8.7. Integrity of the Payment System

8.7.1. Using the Platform with the intent of circumventing Motiv8’s payment system to avoid applicable commission payments is prohibited. Where abusive use is detected, Motiv8 may suspend the account and apply contractual measures.

8.7.2. The prohibition in clause 8.3 does not prevent Users and Professionals/Clubs from maintaining or developing relationships outside the Platform, provided those relationships have developed organically and do not result from abusive use of the Platform for client acquisition with the intent of diverting commission payments.

9. Health, Safety and Liability for Incidents

9.1. Physical exercise involves inherent risks, including physical injury, aggravation of pre-existing medical conditions or other incidents.

9.2. The User declares that they participate voluntarily in activities and assumes the risks inherent to physical exercise that do not result from the negligence of the Professional or Club. This assumption of risk does not affect the User’s legally non-waivable rights as a consumer under applicable Portuguese and European legislation.

9.3. Motiv8 does not provide training or clinical support and assumes no joint liability for acts, omissions, negligence or practices adopted by Professionals/Clubs.

9.4. Any incident during a class is the responsibility of the Professional/Club and the User involved.

9.5. Motiv8 may assist in gathering information to clarify what occurred, without this implying any assumption of liability.

9.6. Except in cases of wilful misconduct or gross negligence directly attributable to Motiv8, Motiv8 will not be liable for physical, moral or financial damages arising from participation in activities.

10. Reviews, User Content and Intellectual Property

10.1. The User may publish reviews and content (photos, descriptions, videos). The author retains ownership but grants Motiv8 a non-exclusive, royalty-free, sublicensable and worldwide licence to use, adapt, publish and distribute such content for promotional and operational purposes on the Platform.

10.2. The User warrants they hold rights over the content published and that its use by Motiv8 does not infringe third-party rights. The User shall indemnify Motiv8 against any claims arising from their content.

10.3. Motiv8 may remove content that breaches these Terms, third-party rights, or that is offensive.

10-A. Image Rights and Content Capture

10-A.1. Capture of images, video, voice or testimonials of Users or Professionals during classes or events promoted through the Platform will not be used for promotional purposes without the prior authorisation of the individual concerned.

10-A.2. Whenever Motiv8 intends to use images or content for marketing, institutional communication or Platform promotion, specific authorisation will be requested from the individual concerned.

10-A.3. Authorisation, once granted, may be withdrawn at any time, without prejudice to uses already carried out on the basis of the previously granted authorisation.

10-A.4. The absence of authorisation does not limit access to or use of the Platform.

11. Privacy and Data Protection (Summary)

11.1. Motiv8 processes personal data in accordance with the GDPR. The privacy and cookies policy is available at: https://motiv8.pt/privacy-policy.

11.2. Data collected includes: identification, contact details, tax information (where applicable), booking and transaction history, and verification documentation for Professionals/Clubs.

11.3. The User may exercise their GDPR rights (access, rectification, erasure, portability, restriction of processing, objection) by contacting geral@motiv8.pt, in accordance with the privacy policy.

12. Suspension, Termination and Consequences

12.1. Motiv8 may suspend or terminate accounts for breach of these Terms, fraud, unlawful conduct or repeated prohibited behaviour.

12.2. Users may delete their account directly in the application (account menu). Deletion is irreversible and results in the loss of any unused Motis, once the wallet feature is active.

12.3. Professionals/Clubs must request termination in writing (form on the website or email to geral@motiv8.pt) to ensure outstanding balances are accounted for and transferred.

12.4. Accounts terminated due to serious breaches may forfeit the right to a Motis refund; balances owed to Professionals/Clubs may be withheld until fraud-free investigations are concluded.

13. Service Changes, Maintenance and Unavailability

13.1. Motiv8 may update, temporarily suspend or discontinue features for technical, security or operational reasons, with or without prior notice where the situation requires it.

13.2. Motiv8 is not liable for losses resulting from temporary unavailability where not attributable to gross negligence.

13.3. Motiv8 does not guarantee uninterrupted availability of the Platform; temporary suspensions may occur due to maintenance, security or technical factors.

14. Fees, Invoicing and Taxes

14.1. Professionals/Clubs are responsible for their own tax compliance and issuance of fiscal documents relating to their services, in accordance with their registered VAT status.

14.2. All amounts presented to the User include VAT where applicable; taxes will be itemised in accordance with applicable legislation.

15. Warranties, Exclusions and Limitation of Liability

15.1. Motiv8 provides a technology platform and does not guarantee specific results from the use of services provided by third parties.

15.2. Motiv8’s liability is limited to damages directly attributable to its role as a technology intermediary.

15.3. Except in cases of wilful misconduct or gross negligence, Motiv8’s total liability to consumer Users shall not exceed the amount of commissions received in the 12 months preceding the event giving rise to the damage. Nothing in this article affects the User’s legally non-waivable rights as a consumer under applicable Portuguese and European legislation.

15.4. In B2B relationships, Motiv8’s liability is equally limited to the value of commissions received in the preceding 12 months.

15.5. In no event shall Motiv8 be liable for:

• loss of profits;
• loss of opportunity;
• indirect or consequential damages;
• acts carried out by Professionals or Clubs.

Nothing in this article affects the User’s legally non-waivable rights as a consumer under applicable Portuguese and European legislation.

15.6. Nothing in these Terms excludes liability where such exclusion is legally inadmissible.

16. Indemnification

16.1. The User/Professional/Club shall indemnify and hold harmless Motiv8, its employees, directors and agents against all claims, liabilities, losses, damages and costs (including legal fees) arising from misuse of the Platform, breach of these Terms, unlawful conduct or content published by the User/Professional/Club.

17. Force Majeure

17.1. Motiv8 shall not be liable for non-performance or delays resulting from causes beyond its reasonable control (force majeure). Obligations are suspended for the duration of the force majeure event.

18. Dispute Resolution, Arbitration and Jurisdiction

18.1. Prior resolution: before initiating legal proceedings, the parties undertake to attempt amicable resolution by contacting geral@motiv8.pt.

18.2. Alternative dispute resolution: consumers may access Alternative Consumer Dispute Resolution (ADR) mechanisms in Portugal and the European Online Dispute Resolution (ODR) Platform — https://ec.europa.eu/consumers/odr/.

18.3. For all legal matters, the parties elect the Judicial Court of the District of Coimbra, Portugal, unless otherwise required by mandatory law. Without prejudice to the foregoing, a User acting as a consumer retains the right to bring legal proceedings before the court of their habitual place of residence, in accordance with applicable consumer protection legislation in Portugal and the European Union.

18.4. In B2B relationships, the parties may agree on a binding arbitration clause; in the absence of such agreement, the jurisdiction above shall apply.

19. Communications and Notices

19.1. Notices relating to these Terms will be sent by email to the registered address or via notification within the App.

19.2. It is the User’s responsibility to keep their contact details up to date.

20. Transfer of Rights and Assignment

20.1. Motiv8 may assign or transfer rights and obligations under these Terms in the event of a reorganisation, merger or sale of the business, with Users being notified in due course.

20.2. The User may not assign their rights without the prior written authorisation of Motiv8.

21. Entire Agreement, Severability and Waiver

21.1. These Terms constitute the entire agreement between the parties regarding use of the Platform.

21.2. If any clause is found to be invalid, the remaining clauses shall remain in force.

21.3. Any tolerance by either party shall not constitute a waiver of rights.

22. Final Provisions and Contact Details

22.1. Motiv8 maintains an Electronic Complaints Book and customer support channels.

22.2. Contact for commercial enquiries, support and complaints: geral@motiv8.pt.

22.3. The Privacy and Cookies Policy is available at https://motiv8.pt/privacy-policy-en.(a separate document, binding and complementary to these Terms).

By using the Motiv8 Platform, the User / Professional / Club declares that they have read, understood and accept these Terms in full.