Terms of Service
These Terms of Service (“Terms”) are an agreement between you and Pacemate (“we,” “us”) and govern your use of the Pacemate app, Pacemate Premium, and pacemateapp.com (together, the “Service”). By downloading, creating an account in, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who can use Pacemate
You must be at least 13 years old to use Pacemate (or older if the law where you live requires a higher age to consent to the processing of your data). If you are under 18, you may use Pacemate only with the involvement and permission of a parent or legal guardian, who must also approve any purchase and agrees to these Terms on your behalf. You may not use the Service if you are barred from doing so under applicable law.
2. Your account
You can use Pacemate without an account. If you create one, you agree to give a valid email address, keep your password secure, and tell us promptly at support@pacemateapp.com if you think someone else has accessed your account. Each account is for one person; do not share your account or sell, transfer or share access to Premium, except through your app store’s Family Sharing where it is offered. You are responsible for activity on your account. You can delete your account at any time in the app under Settings › Account › Delete Account; this permanently deletes your account and its cloud data, as described in our Privacy Policy.
3. Your license to use Pacemate
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the Pacemate app on devices you own or control, for your own non-commercial use. If you got Pacemate from the Apple App Store, your use must also follow the Usage Rules in the Apple Media Services Terms and Conditions, and Apple’s Licensed Application End User License Agreement also applies to the app (see Section 14). You may not:
- copy, modify, distribute, sell, rent or sublicense the app or any part of it;
- reverse engineer, decompile or try to extract its source code, except where the law expressly allows this despite this restriction;
- bypass or tamper with Premium restrictions, usage limits or security features, or access another person’s account or data;
- interfere with or overload our servers, or access the Service by automated means such as bots or scrapers;
- use the Service for anything illegal, harmful, or that infringes others’ rights;
- extract, reuse or redistribute the app’s content, including companion artwork and voice recordings, outside the app, or use any part of the Service to train or develop artificial-intelligence or machine-learning models;
- use the Service for commercial purposes, such as charging others for access to it, without our written permission; or
- record activities you did not actually do, or misrepresent your identity or affiliation.
4. Pacemate Premium subscriptions
Pacemate is free to use. Pacemate Premium is an optional auto-renewing subscription that unlocks extra features, such as training plans, monthly goals, more companion voices and looks, additional run modes, run grades and deeper insights, and custom reminders. The features included are described in the app before you subscribe and may change over time as described in Section 11.
- Billing. Subscriptions are sold and billed by Apple (or by the app store you downloaded Pacemate from) through your store account, at the price and for the period (monthly or yearly) shown in the app before you confirm. Prices may vary by country and include any applicable taxes collected by the store.
- Automatic renewal. Your subscription renews automatically at the end of each period at the then-current price, and your store account is charged within 24 hours before the period ends, unless you cancel at least 24 hours before the end of the current period.
- Free trials. If a free trial is offered, it is shown in the app before you subscribe. Unless you cancel at least 24 hours before the trial ends, your subscription will start and you will be charged automatically when it ends. Free trials are limited to one per person or store account, and any unused part of a trial ends when you buy a subscription.
- How to cancel. Cancel any time in your phone’s Settings › [your name] › Subscriptions (or in the app store you used). Deleting the app or your Pacemate account does not cancel your subscription. After you cancel, Premium stays active until the end of the period you already paid for.
- Refunds. Payments are handled by Apple, so refund requests go to Apple at reportaproblem.apple.com and are decided under Apple’s policies. Except where the law requires otherwise, we do not give refunds or credits for partial periods.
- Price changes. If the price of your subscription changes, you will be notified in advance by Apple as its rules require, and where required you will be asked to agree to the new price before it applies.
- Withdrawal rights. If you live in the EEA, the UK or another place that gives consumers a right to withdraw from online purchases, you agree that Premium starts immediately when you subscribe, and you acknowledge that, where the law allows, you lose that right of withdrawal once access begins. Any statutory refund rights you have are handled through Apple.
- Restoring purchases. Use “Restore” in the app to restore an active subscription on another device signed in to the same store account.
5. Health and safety
- Not medical advice. Pacemate, including its training plans, pace guidance, grades, insights and companion messages, provides general fitness information only. It is not medical advice, diagnosis or treatment, and it does not replace a doctor, physical therapist or qualified coach who knows your health.
- Check with a doctor first. Consult a doctor before starting any exercise program or training plan, especially if you are pregnant, have a heart, lung or other medical condition, are recovering from an injury, or have not exercised in a while.
- Listen to your body. Stop immediately and seek medical help if you feel pain, dizziness, faintness, chest pain or shortness of breath. Training plans are general templates and are not tailored to you; skip or change workouts as needed.
- Stay aware. You are responsible for your own safety. Run in safe places, obey traffic laws, watch for vehicles, bikes and other hazards, and keep your volume at a level that lets you hear your surroundings. Do not look at or interact with your phone while moving in traffic. Weather, terrain and visibility are your responsibility to judge.
- Assumption of risk. Running, walking, cycling, swimming and other exercise involve inherent risks, including injury and, in rare cases, death. To the fullest extent permitted by law, you voluntarily assume those risks when you exercise, whether or not you use Pacemate.
- Estimates are estimates. Distance, pace, routes and times depend on GPS, which can be inaccurate, especially indoors, near tall buildings or under trees. Calories and steps are rough estimates calculated from distance and are not measured. Do not rely on any figure in the app for medical, safety or competitive purposes.
- Release. To the fullest extent permitted by law, you release Pacemate and its owners and employees from claims for injury, illness, death or property damage arising from your running, walking, cycling, swimming or other physical activity, including activity you do while following a training plan, goal or message in Pacemate. This release does not apply to claims arising from our gross negligence or intentional misconduct, or where the law does not allow it.
- Emergencies. Pacemate is not an emergency or safety-monitoring service. It does not alert anyone if something happens to you. In an emergency, call your local emergency number.
6. Companion and AI-generated voices
Your companion’s spoken messages use AI-generated voices. They are synthetic and are not recordings of real people. Messages are pre-written and chosen automatically based on your run; they may occasionally be mistimed or not fit the moment, for example if GPS is inaccurate.
7. Your content
You keep ownership of the content you create in Pacemate, such as run names, your companion’s name and your reminder messages (“Your Content”). You give us a limited license to store, copy, process and display Your Content only as needed to operate the Service for you, for example to sync it to your account. This license ends when you delete Your Content or your account, except for copies in backups that are deleted on a normal schedule. You are responsible for Your Content and confirm you have the right to use it. Please do not put sensitive personal information or anything unlawful or offensive in names you create.
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation to you.
8. Our intellectual property
The Service and everything in it, including the software, design, companion characters and artwork, voice recordings, training plans, text, logos and the Pacemate name, are owned by Pacemate or its licensors and are protected by intellectual-property laws. Except for the license in Section 3, these Terms do not give you any rights in them.
If you believe something in Pacemate infringes your copyright or other intellectual property, email support@pacemateapp.com with a description of the work, where it appears in the Service, your contact information, and a statement that you have a good-faith belief the use is not authorized. We will review and respond to valid notices.
9. Third-party services
Pacemate relies on third-party services such as Apple (App Store, payments and maps), and the providers listed in our Privacy Policy. Your use of those services may be subject to their own terms, and you agree to comply with any third-party terms that apply when you use Pacemate, such as your mobile carrier’s data plan. Pacemate uses mobile data when syncing and showing maps; carrier charges may apply. We are not responsible for third-party services that we do not control.
10. Ending these Terms
You can stop using Pacemate at any time and delete your account in the app. We may suspend or end your access to the Service if you seriously or repeatedly break these Terms, if we must do so to comply with the law, or to protect users, the Service or others from harm. Where reasonable, we will tell you in advance and give you a chance to fix the problem. If we end the Service entirely, we will give you reasonable notice. Sections 5, 7 (feedback), 8, 12, 13, 15 and 16 continue after these Terms end.
11. Changes to the Service and these Terms
We are continually improving Pacemate and may add, change or remove features. If we remove a major Premium feature that you are currently paying for, we will tell you in advance so you can cancel before your next renewal.
We may update these Terms from time to time. We will post the new version here and update the effective date, and for significant changes we will notify you in the app or by email before they take effect. If you keep using the Service after the changes take effect, you accept the new Terms. If you do not agree, stop using the Service and cancel any subscription.
12. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free or secure, that GPS, distance, pace, calorie, step or other data will be accurate, or that any training plan or guidance will achieve a particular result. Some places do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, Pacemate and its owners, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, revenue or goodwill, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages. Our total liability for all claims relating to the Service or these Terms is limited to the greater of (a) the amount you paid for Pacemate Premium in the 12 months before the event giving rise to the claim, or (b) US $50.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by our negligence, for fraud, or for our gross negligence or willful misconduct. If you are a consumer in the EEA, the UK or another place whose laws give you rights that cannot be waived by contract, those rights are not affected.
14. Apple App Store terms
If you downloaded Pacemate from the Apple App Store, you and we agree that:
- These Terms are between you and Pacemate only, not Apple. We, not Apple, are solely responsible for Pacemate and its content.
- Your license to use the app is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing). Apple’s Licensed Application End User License Agreement also applies to your use of the app.
- We are solely responsible for providing any maintenance and support for the app, as specified in these Terms or required by law. Apple has no obligation to provide any maintenance or support services for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility to the extent not disclaimed in these Terms.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer-protection, privacy or similar laws.
- If a third party claims that the app or your possession and use of it infringes that third party’s intellectual-property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Questions, complaints or claims about the app can be sent to Pacemate at support@pacemateapp.com.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Pacemate and its owners and employees from claims, damages and expenses (including reasonable attorneys’ fees) brought by a third party arising from your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of others. This section does not apply to consumers where the law does not allow it.
16. Governing law and disputes
Before filing a claim, please contact us at support@pacemateapp.com and give us 30 days to try to resolve the issue informally; most concerns can be solved this way.
These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Florida, and you and we consent to their personal jurisdiction, except that either of us may bring an individual claim in small-claims court where it qualifies. If you are a consumer living in the EEA, the UK or another country whose laws give you the right to bring claims in your local courts or under your local law, nothing in this section takes away that right. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
To the extent permitted by law, any claim relating to these Terms or the Service must be brought within one year after it arises, or it is permanently barred.
17. General
Electronic communications. You agree that we may send notices, agreements and other communications to you electronically, in the app, on our website or by email, and that these satisfy any legal requirement that they be in writing. These Terms, together with our Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between you and us about the Service. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. These Terms may be provided in other languages; if there is a conflict, the English version controls to the extent permitted by law. Section headings are for convenience only and have no legal effect. You may not export or use the app in violation of U.S. export-control or sanctions laws.
18. Notice for California users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Contact
Pacemate
Email: support@pacemateapp.com
Website: pacemateapp.com