Terms of Service

1. Description of Service

PaceShaper is a web-based, AI-driven adaptive training and coaching assistant designed for endurance runners and marathon participants. Based on athletic performance metrics (such as Jack Daniels’ VDOT principles and contemporary training methodologies including Norwegian Sub-Threshold and Hansons methods), PaceShaper provides:

• Macrocycle and microcycle training plan recommendations.
• Periodic training progress reviews, compliance tracking, and workout logs.
• Pace calculations and race execution strategic insights.

PaceShaper is an algorithmic, information-based training tool provided solely for self-guided fitness and athletic planning purposes.

2. Health, Fitness & Medical Disclaimer (IMPORTANT)

PLEASE READ THIS SECTION CAREFULLY BEFORE ENGAGING IN ANY PHYSICAL ACTIVITY GENERATED BY PACESHAPER.

• No Medical Advice: PaceShaper is NOT a medical device, licensed medical provider, physician, or physical therapist. The schedules, paces, intervals, guidance notes, and race strategies generated by PaceShaper are algorithmic estimations based on user inputs and do NOT constitute professional medical, cardiovascular, orthopedic, or physical therapy advice.
• Assumption of Risk: Long-distance running, interval training, and marathon preparation involve inherent risks of physical injury, cardiac distress, heat exhaustion, tendonitis, stress fractures, and other health hazards. You voluntarily choose to undertake these workouts and assume all associated risks.
• Medical Clearance: You represent and warrant that you are in adequate physical condition to undertake vigorous endurance running. You should consult a qualified physician or healthcare professional before beginning any new training program, especially if you have a history of cardiovascular disease, musculoskeletal injury, chest pain, or joint issues.
• Listen to Your Body: If at any point during a workout you experience acute pain, dizziness, severe shortness of breath, irregular heartbeat, or extreme fatigue, you must STOP running immediately and seek appropriate medical attention. Never prioritize an algorithmic training target over your immediate physical well-being.

3. User Accounts, Training Credits & Access

• Account Registration: You must provide an authentic email address and maintain the confidentiality of your authentication credentials. You are solely responsible for all activities occurring under your account.
• Credits Economy: Access to certain AI coach evaluations, weekly microcycle generation, plan adjustments, and race strategy analyses is powered by Training Credits (“Credits”).
• Non-Transferability: Credits and accounts are granted exclusively for individual, personal, non-commercial use. You may not sell, resell, transfer, lease, or share your account credentials or credit balances with third parties.
• Account Revocation: We reserve the right to suspend or terminate accounts that engage in fraudulent activities, credit balance tampering, abusive reverse-engineering, or automated scraping of our Services.

4. Payments, Merchant of Record & Refund Policy

• Merchant of Record (Creem.io): All payment processing, currency conversions, sales tax/VAT calculations, and financial billing for PaceShaper are handled directly by our authorized Merchant of Record, Creem.io. When purchasing Credits or subscription passes, you are entering into a commercial transaction with Creem.io subject to their applicable terms and conditions.
• Pricing & Currency: Prices for credit packages and training plans are displayed in United States Dollars (USD) unless otherwise explicitly specified during checkout.
• Digital Content & Immediate Consumption: Training Credits are digital consumption tokens delivered to your account balance immediately upon successful transaction confirmation by Creem.io.
• Refund Policy:
  • Due to the irreversible delivery and immediate compute costs associated with AI-generated workouts and credit redemption, purchases of Training Credits and digital training plans are generally non-refundable once credited to your account.
  • If you encounter an unresolvable technical malfunction (e.g., payment processed by Creem.io but Credits failed to credit to your account balance due to server error), please contact us within fourteen (14) days at support@charliechacha.com with your Creem.io Order ID. Valid unspent credits affected by technical failures will be corrected or reviewed for refund approval.

5. Acceptable Use Policy

By using PaceShaper, you agree that you will NOT:

• Reverse-engineer, decompile, extract, or attempt to derive the underlying algorithms, source code, or proprietary pace calculation engines of PaceShaper.
• Deploy automated scrapers, bots, crawlers, or unauthorized APIs to query our backend or deplete system compute resources.
• Exploit software vulnerabilities or manipulate client-side code to bypass credit deduction mechanics.
• Use our platform, training materials, or outputs for commercial resale, syndication, or white-label coaching services without prior written permission.
• Use the Services for any unlawful, hazardous, or fraudulent purpose.

6. Intellectual Property Rights

All trademarks, logos, visual interfaces, algorithms, software code, graphic designs, and textual training copy displayed on charliechacha.com and within PaceShaper are the exclusive intellectual property of CharlieChaCha or our licensors. These Terms grant you a personal, revocable, non-exclusive, non-sublicensable license to utilize the training platform in accordance with your available credit tier.

7. Disclaimer of Warranties

PACESHAPER AND ALL RELATED DIGITAL SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARLIECHACHA EXPLICITLY DISCLAIMS:

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• ANY GUARANTEE THAT THE TRAINING PLANS WILL MEET SPECIFIC ATHLETIC GOALS, ACHIEVE PERSONAL BESTS, QUALIFY FOR SPECIFIC MARATHONS (E.G., BOSTON QUALIFIER), OR BE ENTIRELY FREE OF TIMING/CALCULATION INACCURACIES.
• UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE OPERATION.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHARLIECHACHA, ITS FOUNDERS, DIRECTORS, AFFILIATES, AGENTS, OR PARTNERS BE LIABLE FOR:

• ANY PERSONAL INJURY, BODILY HARM, ILLNESS, CARDIOVASCULAR EVENT, MUSCULOSKELETAL STRAIN, OR DEATH RESULTING FROM YOUR PARTICIPATION IN ATHLETIC WORKOUTS SUGGESTED BY PACESHAPER.
• ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA CORRUPTION, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.
• IN ALL CIRCUMSTANCES, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO CHARLIECHACHA (OR CREEM.IO ON OUR BEHALF) FOR THE PACESHAPER PRODUCT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless CharlieChaCha and its operators from and against any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or relating to:

• Your violation of these Terms.
• Your physical execution of any workout, race, or training program generated through PaceShaper.
• Your infringement of any intellectual property or privacy rights of any third party.

10. Modifications to Terms

We reserve the right to amend or update these Terms periodically to reflect product developments, regulatory adjustments, or operational modifications. Material changes will be noted with an updated "Last Updated" date at the top of this document. Your continued use of PaceShaper following the posting of amended Terms constitutes your conclusive acceptance of the modified Terms.

11. Governing Law & Dispute Resolution

These Terms and any dispute arising out of or related to your use of PaceShaper shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any dispute, claim, or controversy shall be resolved through informal good-faith negotiation prior to initiating formal administrative or legal proceedings.

12. Contact Information

If you have questions, feedback, or legal inquiries regarding these Terms of Service or PaceShaper, please reach out to our team at:

• Operating Entity: CharlieChaCha
• Website: https://www.charliechacha.com
• Product: PaceShaper
• Support & Legal Email: support@charliechacha.com