These Terms of Service govern your access to and use of Performance. By creating an account, using the service, generating a plan, or subscribing to a paid tier, you agree to these Terms. If you do not agree, do not use Performance.
1. Service and voluntary use. Performance provides training-planning, logging, forecasting, and coaching-support tools for personal fitness use. Use of the service is voluntary. Paid features are optional. If you do not want to accept these Terms, provide data, assume training risk, or pay for paid features, your remedy is to not use the service or to cancel before renewal. We may add, change, limit, suspend, or discontinue any feature at any time.
2. Eligibility and account responsibility. You must be able to form a binding agreement and be at least 18 years old, or the age of majority where you live. You are responsible for your account, your login links, the accuracy of information you provide, and all activity under your account.
3. Training risk and no medical advice. Performance is not a medical device and does not provide medical, clinical, diagnostic, injury-prevention, or emergency advice. Plans, forecasts, benchmarks, recommendations, and Coach features are general training guidance only. No professional, fiduciary, trainer-client, clinician-patient, or advisory relationship is created. You are solely responsible for deciding whether and how to train, for verifying inputs and outputs, and for choosing whether to follow, ignore, or modify any suggestion. Consult a qualified medical professional before starting or changing training, especially if you have any medical condition, injury, pregnancy, illness, medication concern, or other risk factor. Stop training and seek medical attention if you experience unusual symptoms.
4. Forecasts and results. Forecasts, time ranges, plan outputs, benchmarks, and Coach insights are estimates based on available data, user-provided inputs, and assumptions. Inputs may be incomplete or inaccurate, and outputs may be unsuitable for your circumstances. We do not guarantee accuracy, race performance, health outcomes, injury prevention, uninterrupted progress, or any specific result.
5. Subscriptions, billing, and refunds. Paid features are optional and are billed through Stripe or another payment processor. You can choose not to subscribe, and you can continue using any available free features subject to these Terms. Subscriptions renew automatically unless cancelled before the renewal date. You are responsible for all fees, taxes, and charges associated with your plan. Unless required by law or expressly approved by us in writing, fees are non-refundable, credits are not guaranteed, and cancellation stops future renewals only. Access to paid features may continue until the end of the paid period unless your account is suspended or terminated under these Terms.
6. Acceptable use. You may not misuse the service, interfere with security or availability, scrape or bulk extract data, reverse engineer the software, bypass entitlement or access controls, share paid access outside your account, submit unlawful or harmful content, or use Performance to build or improve a competing product without written permission.
7. Your data and our operating license. You own the training and account data you provide. You grant us a worldwide, non-exclusive license to host, process, display, analyze, transmit, back up, secure, troubleshoot, improve, and operate the service using that data. We may use aggregated, anonymized, or de-identified information for product improvement, benchmarking, analytics, security, research, and business purposes.
8. Third-party services. Performance may depend on third-party providers for hosting, authentication, payments, email, data storage, analytics, and integrations. We are not responsible for third-party services, outages, policies, processing errors, fees, or availability.
9. Suspension and termination. We may suspend, limit, or terminate access at any time if we believe you violated these Terms, created security, legal, operational, payment, or safety risk, or used the service in a way that may harm us, users, or the service. We may also terminate or wind down the service at our discretion.
10. Intellectual property. Performance, including software, design, copy, models, calculations, workflows, trademarks, and service content, is owned by us or our licensors. You receive a limited, revocable, non-transferable right to use the service for personal training purposes only.
11. Disclaimers. To the maximum extent permitted by law, Performance is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of accuracy, fitness for a particular purpose, merchantability, non-infringement, availability, or reliability.
12. Limitation of liability. To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, punitive, lost-profit, lost-data, business-interruption, personal-injury, training, race-performance, or health-related damages. To the maximum extent permitted by law, our total liability for all claims relating to the service is limited to the amount you paid for the service in the three months before the event giving rise to the claim, or CAD $50 if you paid nothing.
13. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold us harmless from claims, losses, liabilities, damages, costs, and expenses arising from your use of the service, your training decisions, your data, your violation of these Terms, or your violation of law or third-party rights.
14. Changes. We may update these Terms at any time. Continued use after an update means you accept the updated Terms. If you do not agree, stop using the service and cancel any paid subscription before renewal.
15. Governing law. These Terms are governed by the laws of Ontario and the applicable laws of Canada, without regard to conflict-of-law rules, unless mandatory consumer law requires otherwise. Courts located in Toronto, Ontario will have exclusive jurisdiction to the maximum extent permitted by law.
16. Time to bring claims. To the maximum extent permitted by law, any claim or dispute relating to the service or these Terms must be brought within one year after it arises, after which it is permanently barred.
17. General. (a) Severability: if any provision of these Terms is held invalid or unenforceable, that provision is limited or removed to the minimum extent necessary and the remaining provisions stay in full force. (b) No waiver: our failure or delay in enforcing any right or provision is not a waiver of it, and no single or partial exercise of any right prevents further exercise. (c) Entire agreement: these Terms, together with the Privacy Policy and Disclaimer, are the entire agreement between you and us regarding the service and supersede prior understandings. (d) Assignment: we may assign or transfer these Terms or our rights and obligations, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets, without notice or consent; you may not assign or transfer your rights without our prior written consent, and any attempt to do so is void. (e) Survival: provisions that by their nature should survive termination, including sections on training risk, forecasts and results, your data and our operating license, intellectual property, disclaimers, limitation of liability, indemnity, time to bring claims, and governing law, survive termination. (f) Force majeure: we are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages, provider failures, network or hardware failures, acts of God, labor disputes, or governmental action. (g) Headings and interpretation: section headings are for convenience only and do not affect interpretation, and "including" means "including without limitation."
18. Contact. Questions: performance@lgtnow.com