Terms of Service

1. Acceptance of Terms

1.1 Agreement

These Terms of Service ("Terms") are a legally binding agreement between you ("you") and Nicholas Patterson, trading as Origae (ABN 21 237 258 402), a sole trader based in Victoria, Australia, who operates PaceBrain ("PaceBrain," "we," "us," or "our"), governing your access to and use of the PaceBrain website at pacebrain.app, our mobile applications, APIs, and all related services and content (collectively, the "Platform").

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1.2 Changes to Terms

We may modify these Terms by posting the updated Terms with a revised "Last Updated" date. For any change that materially and adversely affects your rights, we will give you at least 30 days' notice by email or in-app before it takes effect, and we will identify the change.

Your right to leave. If you do not accept a material change, you may reject it by cancelling your subscription and closing your account before it takes effect, and we will refund the unused portion of any prepaid subscription on a pro-rata basis. Your continued use after a change takes effect constitutes acceptance of it. We will not apply a material change retrospectively to a dispute that arose before it took effect.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and able to form a binding contract to use the Platform. By using it, you represent that you meet this requirement, that all information you provide is accurate, and that you are not barred from using the Platform under applicable law.

2.2 Account Security

You are responsible for keeping your credentials confidential, for all activity under your account, and for notifying us promptly of any unauthorised use at support@pacebrain.app. We may suspend or terminate an account we reasonably believe is compromised or used in breach of these Terms.

2.3 Health Screening — Read Before You Use the Platform

Your warranties.Each time you use the Platform, and each time you generate or follow a training or nutrition plan, you represent and warrant that: (a) none of the circumstances above applies to you, or a qualified healthcare professional has cleared you specifically for the activity or dietary change concerned; (b) you have obtained medical clearance before beginning any new exercise programme or materially changing your diet, as recommended throughout the Platform; (c) all information you give us — including bodyweight, gender, training history, dietary restrictions, and exclusions — is accurate and current; and (d) you will re-seek professional advice if your circumstances change.

We cannot screen you. We do not and cannot verify any of the above. We do not examine you, we do not review your medical history, and no qualified professional reviews the output the Platform generates for you. The Platform relies entirely on what you tell it. If the information you provide is inaccurate or incomplete, or if you use the Platform despite one of the circumstances above applying to you, the output may be unsuitable or unsafe, and you accept that risk.

Stop immediately and seek medical attention if you experience chest pain or pressure, breathlessness disproportionate to your effort, dizziness, fainting, palpitations, confusion, severe or persistent pain, or any symptom of an allergic reaction. In an emergency in Australia, call 000. If you are struggling with food, eating, or body image, support is available from the Butterfly Foundation National Helpline on 1800 33 4673. For mental-health support, Lifeline is available on 13 11 14.

3. The Services

3.1 What We Provide

PaceBrain is a running and fitness information platform. It may include activity logging and analytics, AI-generated training plans and coaching suggestions, race planning and pacing, AI-generated general nutrition and meal-suggestion plans, goal and progress tracking, community and challenge features, data visualisation, and optional integrations with third-party fitness services (such as Garmin and, where available, Strava).

What PaceBrain is not. We are a software product that generates general information from algorithms and machine-learning models. We are not a gym, coach, personal trainer, exercise physiologist, physiotherapist, dietitian, nutritionist, medical practitioner, or any other health or fitness professional, and we do not supervise, observe, assess, or examine you. No practitioner reviews the output before you receive it. We do not accept, and expressly disclaim, any assumption of professional responsibility for your training, diet, or health. Every output is a suggestion for you to evaluate — with a qualified professional where appropriate — and never an instruction, prescription, or clearance to do anything.

3.2 Changes and Availability

We may modify, suspend, or discontinue any part of the Platform at any time. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Third-party integrations may change or become unavailable outside our control.

4. IMPORTANT HEALTH AND FITNESS DISCLAIMER

4.1 No Medical or Professional Advice

The Platform — including all AI-generated recommendations, training plans, coaching insights, pace predictions, and analytics — does not constitute medical advice, professional athletic coaching, physiotherapy, nutrition counselling, or any other regulated professional advice. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY EXERCISE PROGRAM OR CHANGING YOUR DIET OR TRAINING.

4.2 Assumption of Risk

Physical exercise, including running, involves inherent risks of injury, illness, or death. By using the Platform, you acknowledge and agree that:

• You voluntarily assume all risks associated with physical activity, including cardiovascular events, musculoskeletal injury, dehydration, heat illness, and accidents;
• You are solely responsible for assessing your own physical condition and fitness to exercise;
• You will not rely solely on the Platform for decisions affecting your health or safety; and
• You have no known condition that would make physical activity unsafe, or you have obtained medical clearance.

4.3 AI and Algorithmic Limitations

The Platform's AI features use machine-learning models that produce output from statistical patterns. This output: is not personalised medical or professional advice; carries known and unknown limitations and may contain errors or inappropriate suggestions; is provided "as is" without any warranty of accuracy or suitability; and does not account for your individual medical history, medications, injuries, or limitations. You must apply your own judgment and common sense, and stop any activity that causes pain, dizziness, or distress.

4.4 Data Accuracy

We make no warranty as to the accuracy or completeness of any data, metrics, or analytics. Data may be affected by GPS/sensor inaccuracy, transmission or processing errors, user input, and third-party API limitations. Distance, pace, heart rate, elevation, and all other metrics are estimates and should not be relied upon for critical health, safety, or navigation decisions.

4.5 Training Plans and Physical Activity

Training plans, paces, distances, workout types, and race predictions are generated from algorithms and general training principles applied to the data you provide. They are not individually prescribed by a qualified professional, are not based on any physical assessment of you, and do not account for your medical history, injuries, biomechanics, medications, recovery status, environment, or terrain. Training load that is appropriate for one runner can cause injury in another. You are responsible for deciding whether any suggested session is appropriate for you on the day, for adjusting or skipping it, and for stopping when your body tells you to. Never treat a suggested pace or distance as a target you must hit.

4.6 NUTRITION FEATURES — SPECIFIC DISCLAIMER

4.6.1 Not individualised advice. Although you can enter preferences and the output is tailored to them, tailoring by software is not the same as advice from a qualified professional. Individualised meal planning — specifying particular foods, amounts, and timing — carries real risks of nutrient imbalance, inadequate or excessive energy intake, and interaction with medications or medical conditions. Those risks are greater if you have any of the circumstances listed in Section 2.3. Consult an Accredited Practising Dietitian before acting on any nutrition output, and especially before making any substantial or sustained change to how you eat.

4.6.2 Energy and macronutrient figures are estimates. Calorie ranges and gram-per-kilogram targets are approximations derived from general sports-nutrition literature and the bodyweight and training volume you supply. They are not measurements, they are not calibrated to your metabolism, and they may be materially wrong for you. Do not use them to pursue weight loss or weight gain, and do not treat them as clinical targets.

4.6.3 Not for disordered eating. The nutrition features display calorie and macronutrient figures and structured eating schedules. This content can be harmful to anyone with, recovering from, or at risk of an eating disorder. If that is or may be you, do not use these features, and please speak to your treating professional or the Butterfly Foundation on 1800 33 4673.

4.6.4 Research references. Where output cites research, those citations are drawn from a fixed list we curate. They support general principles only, were not selected for your circumstances, and do not constitute a clinical recommendation for you.

4.7 Exported Documents and Sharing

PDF, spreadsheet, and emailed copies of a plan carry the same status and the same limitations as the on-screen version, whether or not every disclaimer travels with the document. If you send a plan to another person, you are responsible for what you send and for making them aware of these limitations. A plan generated for you is not suitable for anyone else, and we accept no responsibility to any person who receives a plan from you rather than from us.

4.8 ALLERGIES, INTOLERANCES, AND DIETARY EXCLUSIONS — NO GUARANTEE

We do not warrant that any plan, meal, shopping list, or exported document is free of any allergen, ingredient, or food group, whether or not you listed it as an exclusion and whether or not the output describes itself as avoiding it. Any statement in the Platform or in an exported document that a plan "avoids" something records what you asked for; it is not a certification, test result, or guarantee that the requirement has been met. You must independently check every ingredient, product, and label before you eat anything, and if you have a diagnosed allergy or anaphylaxis risk you must manage it with your treating professional and not with this Platform.

4.9 Nothing Excludes Liability That Cannot Lawfully Be Excluded

Nothing in this Section 4 or elsewhere in these Terms excludes, restricts, or modifies any liability, guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified — including under the Australian Consumer Law, and including liability for fraud. Where a provision of these Terms would otherwise have that effect, it applies only to the extent the law permits. See Sections 4A and 17.

4A. Recreational Services — Assumption of Risk and Exclusion of Consumer Guarantees

4A.1 Recreational services. To the extent the Platform supplies services that consist of participation in, or the facilitation of, a sporting activity or similar leisure-time pursuit, or an activity involving a significant degree of physical exertion or physical risk undertaken for recreation, enjoyment, or leisure — including running, training, and related physical activity — those services are recreational services.

4A.2 Exclusion. To the maximum extent permitted by section 139A and equivalent State and Territory provisions, the consumer guarantees that services be rendered with due care and skill, be fit for a particular purpose, and achieve a desired result are excluded, restricted, and modified in so far as they relate to death, or physical or mental injury (including aggravation, acceleration, or recurrence of an injury, and the contraction, aggravation, or acceleration of a disease or condition) arising from your participation in recreational services. This exclusion is limited to that liability and to nothing else.

4A.3 What this section does NOT do. This section does not apply to, and nothing in these Terms excludes, restricts, or modifies: (a) liability for significant personal injury caused by our reckless conduct— that is, conduct engaged in with awareness, or where we should reasonably have been aware, of a significant risk that it would result in personal injury, and engaged in despite that risk; (b) any liability for loss or damage other than death or personal injury; (c) any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded; or (d) liability for fraud. Where a court finds this section, or any part of it, does not apply or is not effective, the remainder of these Terms continues in force.

4A.4 Obvious and inherent risks. You acknowledge that running and endurance training carry obvious and inherent risks that cannot be eliminated by any amount of care by us, including cardiac events, musculoskeletal and overuse injury, falls, collisions, traffic, weather, terrain, dehydration, hyponatraemia, heat and cold illness, and gastrointestinal distress. You accept those risks voluntarily. Nothing in this section limits our duty not to act recklessly.

4A.5 Your acknowledgment. You have read and understood this section, you have had the opportunity to obtain independent legal advice about it, and you agree to it freely as a condition of using the Platform.

5. Acceptable Use

You agree not to:

• Violate any law or third-party right;
• Provide false information or impersonate anyone;
• Interfere with, disrupt, or attempt to gain unauthorised access to the Platform or its infrastructure;
• Reverse engineer, decompile, or disassemble any part of the Platform (except to the extent this restriction is prohibited by law);
• Scrape, data-mine, or extract data from the Platform without authorisation;
• Use the Platform for a commercial purpose without our written consent;
• Upload malicious code or harmful content;
• Harass, threaten, or abuse other users; or
• Circumvent any access controls, usage limits, or security features.

6. Intellectual Property and Your Content

6.1 Our Content

The Platform and all of its content, features, software, algorithms, and AI models ("Company Content") are owned by PaceBrain or its licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your personal, non-commercial use. You may not modify, copy, distribute, create derivative works from, or remove proprietary notices from Company Content, or sublicense your rights.

6.2 Your Content

You retain ownership of content you submit ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable licence to host, use, reproduce, modify, adapt, publish, translate, distribute, and display it in connection with operating, providing, and improving the Platform and our business, including to develop and train our AI and machine-learning models.

This licence does not extend to data we import on your behalf from a connected third-party service (such as Strava or Garmin) to the extent that service's terms restrict our use. In particular, we do not use Strava-sourced data to train AI or machine-learning models, and we delete Strava-sourced data on disconnection or account deletion, as required by Strava's API terms.

6.3 Feedback

Any feedback, ideas, or suggestions you send us are non-confidential, and you grant us a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation or compensation to you.

7. Subscriptions and Payment

7.1 Plans and Pricing

Some features require a paid subscription. Current plans, pricing, and features are shown on the Platform and may change. Any price change to your existing subscription will apply from your next renewal, with notice as required by law. You are responsible for applicable taxes.

7.2 Auto-Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW at the end of each billing period (monthly or annually, as selected) unless cancelled before the renewal date. You authorise us (or the applicable app store) to charge your payment method for each renewal until you cancel.

7.3 Cancellation

Web subscriptions (processed by Stripe) can be cancelled at any time from your account settings; cancel at least 24 hours before renewal to avoid the next charge. iOS subscriptionspurchased through the Apple App Store must be cancelled through your Apple ID / App Store subscription settings — we cannot cancel or refund an Apple purchase on your behalf. On cancellation you keep access until the end of the current billing period.

7.4 Refunds

EXCEPT AS REQUIRED BY LAW (including the Australian Consumer Law and other mandatory consumer-protection laws), payments are non-refundable, and we do not provide refunds or credits for partial periods, unused features, or change of mind. Purchases made through an app store are subject to that store's refund policy. For Australian consumers, nothing in these Terms excludes any guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded (see Section 17).

7.5 Failed Payments

You agree to provide accurate, current payment information. If a payment fails, we may suspend or terminate access to paid features. You remain responsible for amounts owed.

7.6 App Store Purchases

If you purchase a subscription through the Apple App Store or Google Play, that purchase is also subject to the store's terms, and the store — not PaceBrain — processes your payment and handles refunds. You acknowledge that these Terms are between you and PaceBrain, not Apple or Google. Where you use our iOS app, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; however, Apple is not responsible for the app or for any maintenance, support, warranty, or product-liability claims relating to it.

7.7 Trials and Promotional Codes

Free trials and promotional or coupon codes are for one use per person and household. You may not create multiple accounts, use multiple email addresses, or otherwise abuse trials or codes to obtain benefits you are not entitled to. We may cancel any subscription or benefit obtained through such abuse.

8. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement; that the Platform will be uninterrupted, error-free, or secure; and as to the accuracy, reliability, or timeliness of any content or data. No advice obtained from us creates any warranty not expressly stated. This Section 8 is subject to Sections 4.5 and 17 and does not exclude rights that cannot lawfully be excluded.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) AUD $100.

Nothing in this Section 9 excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, for fraud, or under the Australian Consumer Law or other mandatory law (see Section 17). Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

10. Indemnification

To the extent permitted by law, you agree to indemnify PaceBrain against any third-partyclaim, and reasonable costs (including reasonable legal costs) directly arising from it, to the extent the claim is caused by: (a) your breach of these Terms; (b) your deliberate misuse of the Platform or use of it in breach of Section 5; (c) your User Content, including any claim that it infringes a third party's rights; or (d) your breach of any law.

Limits on this indemnity. It applies only to the extent the claim is actually caused by your act or omission, and is reduced proportionately to the extent the loss is caused or contributed to by us, our personnel, or anyone acting on our behalf. It does not apply to any claim arising from our own negligence, breach, or wrongful act; it does not require you to indemnify us in respect of injury or harm suffered by you; and it does not apply to any liability we are not permitted by law to shift to you. We must notify you promptly of any claim, must not settle it without your consent (not to be unreasonably withheld), and must take reasonable steps to mitigate. You may participate in the defence at your own cost.

11. Dispute Resolution and Time Limit

11.1 Talk to Us First

Before starting any formal proceeding, please contact us at support@pacebrain.app (subject line: "Legal") so we can try to resolve the matter. We will try to resolve it within 30 days.

11.2 Mandatory Consumer Protections

Nothing in these Terms limits any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable consumer-protection law that cannot lawfully be limited.

11.3 Time Limit for Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the claim arises, or it is permanently barred. This does not shorten any limitation period that cannot lawfully be shortened, including for Australian Consumer Law guarantees.

11.4 Costs

Each party bears its own costs of any dispute, unless a court or tribunal orders otherwise. Nothing in these Terms requires you to pay our legal costs as a condition of bringing a claim, and nothing here displaces the ordinary discretion of a court or tribunal as to costs.

You may also refer a consumer complaint to the ACCC or your State or Territory consumer-protection agency (in Victoria, Consumer Affairs Victoria), or to the Victorian Civil and Administrative Tribunal (VCAT), without first using the process in Section 11.1.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Subject to the mandatory consumer protections in Section 11.2, you and PaceBrain submit to the exclusive jurisdiction of the courts of Victoria, Australia. If you are a consumer protected by mandatory laws in your jurisdiction that prohibit exclusive jurisdiction clauses, you may bring proceedings in your local courts. For EU consumers, nothing here affects your right to use the European Commission's Online Dispute Resolution platform. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

13. Suspension and Termination

By you. You may stop using the Platform and delete your account at any time from your settings.

By us.We may suspend or terminate your access where: (a) you have materially breached these Terms; (b) suspension is reasonably necessary to protect the Platform, other users, or any person from harm, or to comply with law; (c) your payment has failed and remains unpaid after notice; or (d) we cease to offer the Platform generally. Except where immediate action is reasonably necessary for one of the reasons in (b), or where the breach cannot be remedied, we will give you reasonable notice and, where the breach can be remedied, a reasonable opportunity to remedy it. We will give at least 30 days' notice before ceasing to offer the Platform generally.

Refunds on termination. If we terminate or suspend your access for any reason other than your material breach, we will refund the unused portion of any prepaid subscription on a pro-rata basis. (For purchases made through an app store, refunds are handled by that store.)

On termination, your right to use the Platform ceases, and we may delete your account and User Content (subject to our Privacy Policy). Before deletion you will have a reasonable opportunity to export your data, except where we are required by law to act immediately. Provisions that by their nature should survive — including intellectual property, the health and nutrition disclaimers in Section 4, Section 4A, limitation of liability, indemnity, and dispute resolution — survive termination.

14. Third-Party Integrations

14.1 Garmin

If you connect Garmin, you authorise us to sync your Garmin activity data and, at your request, to send planned workouts to your Garmin device. Your Garmin credentials are used only to establish the connection and are not stored or logged; access tokens are stored encrypted. You may disconnect at any time in your settings. Garmin's own terms and privacy policy govern your use of Garmin.

14.2 Strava (when available)

Where available, you may connect Strava to import your activity data under the permissions you grant. Strava access may be limited or unavailable due to changes in Strava's API program. You acknowledge that Strava's terms and privacy policy govern your use of Strava, and that we are not responsible for Strava's availability or data accuracy. If you disconnect Strava or delete your account, we delete the Strava data we imported, and we do not use Strava-sourced data to train AI or machine-learning models.

14.3 Sign-In Providers

If you use Sign in with Google (web) or Sign in with Apple (iOS), your use of those services is governed by Google's or Apple's terms and privacy policies.

14.4 General

We do not control and are not responsible for third-party services, content, or data accuracy. Data imported from third-party services or devices may contain errors and is provided "as received." Your dealings with third parties are solely between you and them.

15. Privacy and Data

Your use of the Platform is subject to our Privacy Policy (at pacebrain.app/privacy), which is incorporated into these Terms and explains how we collect, use, disclose, and protect your information. The Platform is operated from Australia and uses service providers in other countries (including the United States); by using the Platform you acknowledge that your information may be transferred and processed overseas. We do not sell your personal information. No security system is perfect, and you provide information at your own risk. You are responsible for maintaining the confidentiality of your account credentials.

16. Force Majeure

We are not liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, epidemics or pandemics, network, power, or telecommunications failures, third-party service or API outages, cyberattacks, or government actions.

17. Australian Consumer Law

17.1 Consumer Guarantees

For Australian consumers, our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

17.2 Limitation Where Permitted

Except for liability that cannot be excluded under the Australian Consumer Law or other applicable law, and to the extent permitted by law, our liability for breach of a consumer guarantee that can be limited is, at our option, limited to re-supplying the services or paying the cost of having them re-supplied. Every other exclusion and limitation in these Terms applies only to the extent it does not exclude, restrict, or modify any right or remedy that cannot lawfully be excluded.

17.3 More Information

For more about your consumer rights, visit the ACCC at www.accc.gov.au or contact us at support@pacebrain.app.

18. General

Severability: if any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. Waiver: our failure to enforce a provision is not a waiver. Assignment: you may not assign these Terms without our consent; we may assign them in connection with a business transfer. Entire Agreement: these Terms, with our Privacy Policy and Cookie Policy, are the entire agreement between you and PaceBrain about the Platform and supersede prior agreements.

19. Contact

20. Acknowledgment

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND THE PRIVACY POLICY; THAT YOU MEET THE ELIGIBILITY AND HEALTH REQUIREMENTS IN SECTION 2.3 AND GIVE THE WARRANTIES IN IT; THAT YOU UNDERSTAND THE PLATFORM PROVIDES GENERAL INFORMATION AND NOT MEDICAL, DIETETIC, OR PROFESSIONAL COACHING ADVICE; THAT YOU HAVE READ THE NUTRITION AND ALLERGEN DISCLAIMERS IN SECTIONS 4.6 AND 4.8 AND WILL NOT RELY ON THE PLATFORM TO MANAGE A FOOD ALLERGY OR INTOLERANCE; THAT YOU ACCEPT THE RECREATIONAL-SERVICES EXCLUSION AND ASSUMPTION OF RISK IN SECTION 4A; AND THAT YOU ACCEPT THE LIMITATION OF LIABILITY AND INDEMNITY.

IF YOU ARE AN AUSTRALIAN CONSUMER, YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT LAWFULLY BE EXCLUDED ARE NOT AFFECTED, AND NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR SIGNIFICANT PERSONAL INJURY CAUSED BY RECKLESS CONDUCT. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.