Terms of Service

1. Acceptance of Terms

By accessing or using PaceBrain ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and PaceBrain. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

Age Requirement: You must be at least 13 years old to use the Service. Users under 18 must have parental or guardian consent.

Account Creation: You agree to:

• Create only one account for your personal use
• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Promptly update account information as needed
• Accept responsibility for all activities under your account

You may not share your account with others, create accounts on behalf of others without permission, or use another person's account without authorization.

3. Use of Service

License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

Prohibited Activities: You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service for any commercial purpose without authorization
• Harass, abuse, or harm other users
• Post false, misleading, or defamatory content

4. User Content and Intellectual Property

Your Content: You retain ownership of all content you submit, post, or display on the Service ("User Content"). By submitting User Content, you grant PaceBrain a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service.

Content Responsibility: You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to submit all User Content and that such content does not violate any third-party rights or applicable laws.

Our Content: The Service, including its original content, features, and functionality, is owned by PaceBrain and is protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or copyrighted materials without prior written consent.

5. Third-Party Integrations

The Service may integrate with third-party services (e.g., Strava, Garmin, Polar). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, or services of third parties.

You grant us permission to access your data from connected third-party services as necessary to provide the Service. You may revoke this permission at any time through your account settings.

6. DISCLAIMERS AND ASSUMPTION OF RISK

IMPORTANT - PLEASE READ CAREFULLY:

No Medical Advice: THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE OR DIAGNOSIS. The information provided is for informational and educational purposes only. Always consult with a qualified healthcare provider before starting any fitness program or making health-related decisions.

Athletic Risk: RUNNING AND PHYSICAL EXERCISE INVOLVE INHERENT RISKS INCLUDING, BUT NOT LIMITED TO, SERIOUS INJURY OR DEATH. By using the Service, you acknowledge and assume all risks associated with physical activity. You agree that PaceBrain is not responsible for any injuries, damages, or health consequences resulting from your use of the Service or participation in running activities.

Service "AS IS": THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

Data Accuracy: We do not guarantee the accuracy, completeness, or reliability of any data, analytics, or recommendations provided through the Service. Training plans, pace predictions, and performance analytics are estimates only and should not be relied upon as definitive guidance.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACEBRAIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage resulting from your use of the Service
• Any unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) FIFTY DOLLARS ($50.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless PaceBrain and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

9. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms.

You may terminate your account at any time through your account settings or by contacting support@pacebrain.com.

Upon termination, your right to use the Service will immediately cease. Provisions regarding intellectual property, disclaimers, limitation of liability, and indemnification shall survive termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [ARBITRATION BODY], except that either party may seek injunctive relief in court for intellectual property matters.

You agree to bring any claims within one (1) year after the cause of action arises, or such claim is permanently barred.

11. Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without liability to you. We may also impose limits on certain features or restrict access to parts or all of the Service without notice.

12. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and PaceBrain regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

For questions about these Terms, please contact us at:
Email: legal@pacebrain.com
Support: support@pacebrain.com