ARA-TRAINING
CORPORATE MASTER LEGAL FRAMEWORK
MARCO LEGAL CORPORATIVO GLOBAL
1. CORPORATE STRUCTURE PROTECTION
ARA-Training operates as a technology platform.
The intellectual property, algorithms, databases, scoring engines, and software architecture constitute proprietary digital assets.
ARA-Training reserves the right to:
-
Assign ownership of intellectual property to a holding entity.
-
Transfer operational rights to subsidiaries.
-
License technology to third parties.
-
Sell, merge, or restructure corporate ownership without prior user consent.
Users acknowledge that:
The Platform is a revocable license, not a purchased product.
2. INTELLECTUAL PROPERTY – TRADE SECRET PROTECTION
All proprietary components including but not limited to:
-
Training algorithms
-
Scoring systems
-
Psychological assessment models
-
Data aggregation logic
-
Performance analytics formulas
-
Gamification engines
-
UX/Interface design
-
Database structures
Are protected as trade secrets and intellectual property.
Strictly prohibited:
-
Reverse engineering
-
Decompiling
-
Scraping data
-
Replicating system logic
-
Using automated bots
-
Extracting data for AI training
-
Copying scoring methodology
Violation may result in:
-
Immediate account termination
-
Civil damages
-
Injunctive relief
-
Criminal complaint where applicable
3. ANTI-SCRAPING & DATA EXTRACTION PROTECTION
Users agree NOT to:
-
Use automated systems to extract data
-
Perform bulk downloads
-
Mirror the database
-
Extract athlete metrics for external commercial use
-
Use bots or crawlers
ARA-Training may implement technical countermeasures.
Unauthorized scraping constitutes:
-
Breach of contract
-
Violation of intellectual property
-
Unauthorized access attempt
4. SCHOOL PROGRAM & MINOR LIABILITY PROTECTION
For programs involving minors:
-
Legal guardian consent is mandatory.
-
Schools act as independent entities.
-
Coaches act as independent contractors unless formally contracted.
ARA-Training shall not be liable for:
-
Injuries during school activities
-
Supervision failures
-
Coaching misconduct
-
Psychological misinterpretations
-
Physical training accidents
Guardians assume responsibility for minors’ participation.
5. COACH LIABILITY LIMITATION
Coaches using the Platform are independent users.
ARA-Training is not responsible for:
-
Training decisions made by coaches
-
Program intensity selection
-
Physical or psychological outcomes
-
Athlete-coach disputes
The Platform is a tool only.
6. EXTREME SPORTS RISK ACKNOWLEDGMENT
Users acknowledge that:
Triathlon, endurance training, cycling, swimming, and running carry significant inherent risk.
You voluntarily assume all risk including:
-
Injury
-
Overtraining syndrome
-
Cardiovascular events
-
Psychological stress
-
Fatigue-related incidents
This is a full risk assumption clause.
7. PERFORMANCE DISCLAIMER – STRATEGIC
ARA-Training does not guarantee:
-
Podium finishes
-
Scholarship offers
-
Federation selection
-
Sponsorship contracts
-
Ranking improvements
No algorithm ensures success.
8. PSYCHOLOGICAL DATA LIABILITY PROTECTION
Psychological or mental performance modules:
-
Are self-development tools.
-
Are not clinical diagnostics.
-
Do not replace therapy.
ARA-Training is not liable for:
-
Emotional interpretation
-
Mental health deterioration
-
Misuse of psychological insights
Users assume interpretative responsibility.
9. ARBITRATION – GLOBAL BINDING
All disputes must be resolved by confidential arbitration.
You waive:
-
Jury trial
-
Class action participation
-
Public litigation
Arbitration location: Guatemala unless mandatory law states otherwise.
10. CLASS ACTION WAIVER
No collective actions permitted.
Claims must be brought individually.
11. WAIVER OF PUNITIVE DAMAGES
Users waive claims for:
-
Punitive damages
-
Exemplary damages
-
Emotional distress damages
-
Consequential damages
12. LIMITATION OF LIABILITY – ULTRA CAP
Maximum liability is limited to:
The lesser of:
-
Amount paid in last 12 months
-
USD $100
Regardless of legal theory.
13. FORCE MAJEURE EXTENDED
No liability for:
-
Cyberattacks
-
Infrastructure collapse
-
Payment processor failures
-
Internet instability
-
Natural disasters
-
Political instability
-
War
-
Regulatory changes
14. DIGITAL PLATFORM RISK ACCEPTANCE
User acknowledges:
Internet systems are inherently vulnerable.
Absolute security cannot be guaranteed.
15. FUTURE SALE / ACQUISITION CLAUSE
In case of:
-
Sale
-
Merger
-
Acquisition
-
Asset transfer
User data and contracts may be transferred as corporate assets.
Continued use implies acceptance.
16. NO FIDUCIARY RELATIONSHIP
Nothing in these Terms creates:
-
Partnership
-
Agency
-
Employment
-
Fiduciary duty
17. INDEMNIFICATION – MAXIMUM SCOPE
User agrees to defend and indemnify ARA-Training from claims arising from:
-
Training injuries
-
Coaching disputes
-
Psychological disputes
-
Misuse of metrics
-
Third-party data violations
18. SURVIVAL CLAUSE – EXTENDED
The following survive termination:
-
Liability waivers
-
Arbitration agreement
-
Intellectual property protection
-
Indemnification
-
Limitation of liability
19. GOVERNING LAW
Primary jurisdiction: Republic of Guatemala.
International users agree to arbitration unless mandatory local law overrides.
20. ENTIRE AGREEMENT & MODIFICATION
These Terms supersede prior versions.
ARA-Training may update Terms at any time.
Continued use equals acceptance.
