Terms of Service

These Terms of Service (“Terms”) govern your use of the Pact platform — including the Pact mobile app, the Pact website at pactpt.com and app.pactpt.com, and any related services (collectively, the “Service”). The Service is operated by Evan Fitzjohn (“Pact,” “we,” “us”).

By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old (and the age of majority in your jurisdiction) to use the Service. We verify this using the date of birth you provide at signup. By using the Service you represent that you meet this requirement. The Service is not directed at minors, and we do not knowingly allow anyone under 18 to create an account.

You may not use the Service if you are barred from doing so under applicable law or if your account has previously been suspended or terminated by us.

To use most features you must create an account. You agree to provide accurate information, keep it current, and protect the confidentiality of your sign-in credentials — including your password, passkeys, two-factor authentication codes, and any third-party identity providers you use (such as Google or Apple). You are responsible for activity under your account.

Notify us at legal@pactpt.com immediately if you believe your account has been compromised.

Athletes may use the Service for free. Coaches, organizations, and certain advanced features may require a paid subscription. When paid plans are available, the following terms apply:

• Billing. We use Stripe to process payments. By subscribing, you authorize us (through Stripe) to charge your payment method on a recurring basis until you cancel.
• Pricing. Pricing and plan features are described at the point of purchase. We may change prices for future billing periods on reasonable notice; changes do not apply retroactively to a billing period you have already paid for.
• Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancellation. You may cancel at any time. On cancellation you retain access through the end of the current paid period. We do not provide refunds for partial periods, except where required by law.
• Taxes. You are responsible for any taxes applicable to your purchase.
• Failed payments. If a payment fails, we may suspend or downgrade access until the balance is paid.

Pact does not process payments between athletes and their coaches or organizations. Where the Service tracks session-package balances, that tracking is for accounting only; any actual payment between an athlete and a coach or organization is handled outside the Service.

5.1 The Service is software, not coaching

Pact provides software tools for personal trainers and athletes. Pact is not a personal trainer, gym, healthcare provider, or medical professional. Any coaching, programming, or training advice you receive through the Service comes from a coach or organization that uses the Service, not from Pact. Pact does not endorse, employ, supervise, or vouch for any coach or organization, and is not responsible for their conduct, their programs, or the outcomes of their coaching.

5.2 Not medical advice

The Service is for general fitness and training tracking only. It is not medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before starting any exercise program, especially if you have a medical condition or are recovering from injury. Stop exercising and seek medical attention if you experience pain, dizziness, or any symptom of concern.

5.3 Your responsibility

You participate in physical exercise at your own risk. You are responsible for using equipment safely, following appropriate warm-ups, and recognizing your own limits.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law or regulation.
• Harass, threaten, defame, or harm another user.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Upload content that is illegal, infringing, malicious, fraudulent, or invasive of another’s privacy.
• Attempt to gain unauthorized access to the Service, other accounts, or the underlying infrastructure.
• Interfere with or disrupt the Service, including by sending excessive requests, probing for vulnerabilities, or running denial-of-service attacks.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent applicable law permits.
• Scrape, crawl, or harvest data from the Service except through interfaces we expressly provide for that purpose.
• Use the Service to train machine learning or AI models, except for models we operate to improve the Service.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.

We may investigate and take action — including warning, suspending, or terminating accounts — for any conduct we believe violates these Terms or that is otherwise harmful to the Service or its users.

7.1 Your content

You retain ownership of the information you put into the Service — your workouts, programs, notes, profile information, and any other content you submit (“User Content”). Pact does not claim ownership of your training history.

7.2 License to operate the Service

You grant Pact a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use your User Content solely as needed to operate, secure, and improve the Service and to provide it to you and the people you authorize (such as your coach or organization). This license ends when you delete the relevant content or your account, except for backups, logs, and anonymized records as described in our Privacy Policy.

7.3 Coach and organization content

Coach-authored content — such as private notes about a client, assigned programs, and other professional artifacts — is confidential to the coach who authored it (and, within an organization, to other coaches and admins of that organization). You agree not to share another user’s content outside the Service without their permission.

7.4 Pact’s IP

The Service, including all software, design, branding, and documentation, is owned by Pact and its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted by implication.

If you send us feedback, suggestions, or ideas, you grant Pact an unrestricted, perpetual, royalty-free right to use them without obligation to you. We will not identify you publicly as the source unless you ask us to.

The Service uses third-party providers (including Neon, Vercel, Sentry, Google, Apple, Stripe, and Resend) and may include links to third-party sites. We are not responsible for those providers or sites. Your use of them is governed by their own terms.

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for Pact or other users, or used the Service in a way likely to cause harm.

On termination, the rights granted to you under these Terms cease. Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. To the maximum extent permitted by law, Pact disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. We do not warrant the accuracy, completeness, or usefulness of any content available through the Service, including training programs, recommendations, or analytics. You use the Service at your own risk.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above may not apply to you.

To the maximum extent permitted by law, Pact and its affiliates, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of the Service.

Pact’s total cumulative liability for all claims arising out of or related to the Service is limited to the greater of (a) the amounts you paid Pact in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Pact from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising from or related to the Service or these Terms is the state and federal courts located in Washtenaw County, Michigan, and you consent to personal jurisdiction there.

Before filing any claim, you agree to first contact us at legal@pactpt.com and attempt in good faith to resolve the dispute informally for at least 30 days.

Class-action waiver. Any dispute will be brought in your individual capacity. You and Pact agree that neither will participate in a class action, class arbitration, or representative action against the other.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you in the app or by email. Continued use of the Service after a change becomes effective constitutes your acceptance of the revised Terms.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Pact regarding the Service.
• Severability. If any provision is held unenforceable, the rest remain in effect.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.

Questions about these Terms? Contact:

Pact (Evan Fitzjohn)
legal@pactpt.com