Pacing App - Terms of Service

Last Updated: 26th August 2025

1. Introduction

Welcome to Pacing (“the App”), a mobile application developed and operated by Practicable LTD (“we,” “us,” or “our”), a company based in the European Union. Pacing is designed to help users create, manage, and follow custom running workouts primarily using data stored locally on the user’s device. The App may also offer features that require an internet connection, such as audio cue generation, subject to usage limits.

By downloading, accessing, or using the Pacing App, you agree to comply with and be bound by these Terms of Service (“Terms”).

If you do not agree with any part of these Terms, you must not access or use the Pacing App.

2. Eligibility

You may only use the Pacing App if:

• You are at least the age of majority in your jurisdiction; and
• You have the legal capacity and authority to enter into these Terms.

By using the Pacing App, you represent and warrant that you meet all the eligibility criteria stated above.

3. Acceptance of Terms

By accessing or using the Pacing App, you confirm that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you should immediately stop using the App and uninstall it.

4. Modifications to the Terms

We reserve the right, in our sole discretion, to change, modify, or update these Terms at any time. When we do, we will update the “Last Updated” date at the top of this page. We may notify you of significant changes through the App or other reasonable means. Your continued use of the Pacing App after any such changes constitutes your acceptance of the revised Terms.

5. Description of the Service

5.1. General Functionality Pacing allows users to create, customize, and track running workouts. Most core features operate offline, storing workout data and user preferences directly on your mobile device.

5.2. Online Features & Audio Generation Certain features, such as the generation of audio cues for workouts, require an internet connection to communicate with an online service. This feature converts workout steps into audible instructions.

5.3. Usage Limits and Abuse Prevention Access to online features like audio generation may be subject to usage limits (e.g., rate limits, such as a maximum number of requests per minute or per day) to ensure service availability for all users and manage operational costs. We reserve the right, in our sole discretion, to monitor usage and temporarily or permanently restrict or block access to these online features for any user or device suspected of engaging in abusive behaviour, excessive use beyond typical patterns, or attempts to circumvent usage limits, without prior notice. What constitutes abuse or excessive use will be determined by us in our reasonable judgment.

5.4. Updates and Improvements We may, at our discretion, update, improve, or change the functionality of the Pacing App, including adding or removing features (online or offline). We do not guarantee that any specific feature or part of the App will always be available.

Insert the following into your Terms (e.g. as new Sections 5.5 and 5.6) and update your Rust allocation code as shown. Only the new/changed text is shown.

5.5 Subscription Token Allocation

• Monthly & Yearly subscriptions grant AI tokens each month as follows: – Plan Tokens: 10 – Workout Tokens: 30

These allocations are subject to change; users will be notified in-app at least one month before any change.

• Any valid subscription (monthly, annual or lifetime) grant platform usage tokens each month as follows: – Share Tokens: 60 - for generating shareable links – Zone Tokens: 30 - for their running zones based on questions and history.

• Lifetime subscriptions receive a one-time AI token (Plan & Workout) grant equal to (24\times) the then-current monthly AI allocation. These tokens do not expire.

5.6 Sharing and Anonymity

Any shared workout or collection generates a publicly accessible link. These links are not private and may be accessed by anyone who has the link.

• No Attribution: Shared links do not attribute the original author, as all users are anonymous within the App.
• No Rights Retained: By generating and sharing a link, you acknowledge and agree that you do not retain any ownership, intellectual property rights, or control over the shared content. The workout structure becomes publicly available, and Practicable LTD and other users may view, use, or redistribute it without restriction.
• User Responsibility: You are solely responsible for the decision to share a workout. Practicable LTD is not responsible for how others may use, distribute, or modify the content once it has been shared.
• Right to Remove: Practicable LTD reserves the right, at its sole discretion, to delete or disable any shareable link at any time and for any reason, including but not limited to security, legal, or policy considerations.
• No Personal Data: Shared links contain only the workout structure (e.g., intervals, durations, rest periods) and do not include personal identifiers, GPS data, or workout history.

6. User Conduct

When using the Pacing App, you agree NOT to:

• Violate any applicable laws, regulations (including GDPR), or these Terms.
• Use the App for any unlawful, harmful, or fraudulent purpose.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any servers, networks, or systems connected to the App’s online features.
• Transmit viruses, malware, or other malicious code.
• Attempt to circumvent any usage limits, rate limits, or security measures implemented for online features.
• Engage in any activity that constitutes abuse of the online services, including making excessive or automated requests to the audio generation service.
• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, particularly its online components.

7. Privacy

Your use of the Pacing App is also subject to our Pacing Privacy Policy [/href], which describes how we handle information, particularly the distinction between local data and the anonymous analytics we collect. By using the Pacing App, you acknowledge you have read the Privacy Policy.

8. Intellectual Property

• Ownership: Practicable LTD and its licensors own all rights, title, and interest in and to the Pacing App, including its software, code, design, branding, content (excluding User-Generated Local Data), and any AI generated audio output provided through the service.
• User-Generated Local Data: You retain ownership of the workout data and related information that you create and store locally on your device using the App (“User-Generated Local Data”). We claim no ownership over this local data.
• License to Use App: We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Pacing App on your personal mobile device strictly in accordance with these Terms. Apps made available through the Apple App Store are licensed, not sold, to you. Subject to your compliance with these Terms and the Apple App Store Terms (including the Apple Licensed Application End User License Agreement, “Standard EULA”), we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Pacing App on any Apple-branded products that you own or control, as permitted by the Apple Usage Rules. Except as expressly permitted by applicable law, you may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any updates. If you sell or transfer your Apple device to a third party, you must first remove the App from that device.
• Trademarks: “Pacing” and associated logos are trademarks of Practicable LTD. You may not use these trademarks without our prior written permission.

9. Disclaimers

• No Warranty: The App is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law (particularly considering EU consumer rights), we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.
• Accuracy: We do not guarantee the accuracy, completeness, or timeliness of any information presented by the App, including generated audio cues.
• No Medical or Fitness Advice: The Pacing App provides tools for workout management and may suggest workouts (including automatically generated ones), but it does not provide medical, health, or professional fitness advice. All workouts, training plans, and pace suggestions are provided for informational purposes only and should be treated with caution. They may not be safe, appropriate, or effective for every individual.
• No Liability for Workouts: Practicable LTD is not responsible for any injuries, health issues, or adverse outcomes that may arise from following workouts, training plans, or pace suggestions generated or managed through the App. You are solely responsible for exercising within your own limits and making decisions about your training.
• Local Data Responsibility: You are solely responsible for backing up any User-Generated Local Data stored within the App on your device. We are not liable for any loss or corruption of this data.
• Online Service Availability: While we strive to maintain the availability of online features like audio generation, we do not guarantee uninterrupted access and are not liable for temporary unavailability due to maintenance, technical issues, or factors beyond our reasonable control (including issues with third-party service providers).

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• No Liability for Indirect Damages: Practicable LTD will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data (including local data loss), use, or goodwill, arising from or related to your use of, or inability to use, the Pacing App.
• Aggregate Liability Cap: In no event will Practicable LTD’s total aggregate liability arising out of or relating to these Terms or the App exceed the amount you paid us, if any, to use the App in the 12 months preceding the event giving rise to the liability, or hundred Euros (€100), whichever is greater.
• Exclusions: Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law (especially mandatory consumer protection laws in the EU).

11. Indemnification

You agree to defend, indemnify, and hold harmless Practicable LTD and its affiliates, officers, directors, employees, and agents, from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use of the Pacing App;
• Your breach or alleged breach of these Terms;
• Your violation of any law or the rights of a third party;
• Your User-Generated Local Data (to the extent a claim arises from its content, though we do not access it).

12. Third-Party Services

The Pacing App relies on third-party services for certain functionalities, notably the online audio generation feature. While we select providers with care, we do not endorse or assume responsibility for the operation, security, or practices of these third-party services. Your use of features relying on these services may be implicitly subject to their terms, though your primary agreement is these Terms with us.

13. Term and Termination

• Term: These Terms remain in effect as long as you use the Pacing App.
• Termination by You: You may terminate these Terms at any time by uninstalling the App.
• Termination by Us: We may suspend or terminate your access to the App, or specific features (like online services), at any time and for any reason, including but not limited to: (a) your breach of these Terms, (b) suspected abuse of online features or violation of usage limits, (c) if required by law, or (d) if we discontinue the App or relevant features.
• Effect of Termination: Upon termination, your license to use the App ceases immediately. Sections concerning Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General provisions shall survive termination. Termination will result in the loss of access to online features; local data will remain on your device until you delete it or the App.

14. Governing Law and Dispute Resolution

These Terms and your use of the Pacing App will be governed by and construed in accordance with the laws of the jurisdiction where Practicable LTD is incorporated. Any disputes arising out of or in connection with these Terms will be resolved exclusively in the courts located in that jurisdiction, unless otherwise required by applicable law.

15. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Pacing App (in whole or in part), including any online features, at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

16. General

• Severability: If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision under these Terms does not constitute a waiver of future enforcement of that right or provision.
• Entire Agreement: These Terms, along with the Pacing Privacy Policy, constitute the entire agreement between you and Practicable LTD regarding your use of the App.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms.
• Contact: If you have questions about these Terms, please contact us at [email protected].

17. Apple-Specific Terms

If you obtained the Pacing App through the Apple App Store, the following additional terms apply:

• Acknowledgement: You and Practicable LTD acknowledge that these Terms are concluded between you and Practicable LTD only, and not with Apple. Practicable LTD, not Apple, is solely responsible for the App and its content.

• Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products you own or control, in accordance with the Apple Usage Rules.

• Maintenance and Support: Practicable LTD is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation to provide any maintenance or support services for the App.

• Warranty: To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of Practicable LTD.

• Product Claims: You acknowledge that Practicable LTD, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

• Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Practicable LTD, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

• Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third‑party beneficiary thereof.