Terms of Service

1. Acceptance of Terms

Welcome to OutPace. By accessing or using our fitness challenge platform at outpace.fit (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and OutPace ("we," "our," or "us"). By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

OutPace is a fitness challenge platform that allows users to track workouts, create and join fitness challenges, and compete with friends on leaderboards. The Service includes:

• Creating and joining fitness challenges with customizable goals and metrics (including steps, distance, duration, elevation gain, calories, sleep, and heart-rate zone points)
• Tracking workouts through manual entry or connected fitness platforms
• Competing with friends and other users on challenge leaderboards, individually or in teams
• Syncing activity, sleep, and heart-rate data from third-party fitness services (Garmin, Strava, Apple Health, Google Health, Oura, WHOOP, Polar)
• Viewing personal fitness statistics and progress over time
• Sharing challenges and results through invite links, image cards, the iMessage app, and home-screen widgets
• Attaching optional photos and notes to your activities
• Connecting an AI assistant, such as Meta's Muse, Anthropic's Claude or OpenAI's ChatGPT, that can find challenges and, with your permission, create and join them for you

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. Account Registration

3.1 Eligibility

The Service is for adults 18 and over in the United States. You must be at least 18 years of age and in the United States to create an account and use the Service. By registering, you represent and warrant that you meet these requirements. We do not knowingly collect information from anyone under 18. If we learn that an account belongs to someone under 18, we will delete the account and its data.

3.2 Viewing Without an Account

Anyone with a link to a public challenge can view that challenge's page without creating an account. Joining a challenge, and every other feature of the Service, requires a free account. By viewing the Service without an account, you agree to these Terms.

3.3 Account Information

When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and updating it as necessary.

3.4 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at contact@outpace.fit if you suspect any unauthorized access to or use of your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement.

5. Fitness Data & Third-Party Integrations

5.1 Third-Party Accounts

The Service allows you to connect third-party fitness platforms such as Garmin Connect, Strava, Apple Health, Google Health, Oura, WHOOP, and Polar. You are solely responsible for your accounts with these third-party services, including compliance with their respective terms of service. (Fitbit's own developer platform is being retired by Google; Google Health is its replacement, and Fitbit data previously synced to OutPace remains part of your challenge history.)

5.2 Data Access

When you connect a third-party fitness platform, we access only the data you have permitted through the authorization process. We use this data exclusively to power the features of the Service, such as updating challenge leaderboards and displaying your activity statistics. You can disconnect any integration at any time from your account settings.

5.3 No Medical Advice

7. Intellectual Property

7.1 OutPace Ownership

The Service, including all content, features, functionality, design, code, trademarks, logos, and other intellectual property, is owned by OutPace and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7.2 Your Data

You retain full ownership of your personal data and fitness data. Nothing in these Terms transfers ownership of your data to OutPace. For details on how we handle your data, please see our Privacy Policy.

7.3 Copyright Complaints

We respect the intellectual property of others and expect our users to do the same. If you believe something posted on the Service, such as a profile photo, chat photo or voice message, club image or bio, infringes a copyright you own or control, you can ask us to remove it by sending a written notice to our designated copyright agent:

Under the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)), your notice must include all of the following:

1. Your physical or electronic signature, as the copyright owner or a person authorized to act for the owner.
2. A description of the copyrighted work you believe was infringed or, if several works are covered by one notice, a representative list of them.
3. A description of the material you believe is infringing and where it is on the Service, with enough detail for us to find it, such as a link or the username that posted it.
4. Your name, mailing address, telephone number and email address.
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf.

A notice that is missing any of these may not be acted on. When we receive a valid notice, we will remove or disable access to the material and tell the user who posted it. Knowingly misrepresenting that material is infringing can make you liable for damages under 17 U.S.C. 512(f).

Counter-notice: If material you posted was removed and you believe that happened by mistake or because it was misidentified, you can send a counter-notice to the same agent. Under 17 U.S.C. 512(g)(3), it must include:

1. Your physical or electronic signature.
2. A description of the material that was removed and where it appeared on the Service before it was removed.
3. A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, mailing address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is (or, if your address is outside the United States, any judicial district in which OutPace may be found), and that you will accept service of process from the person who sent the original notice or that person’s agent.

When we receive a valid counter-notice, we will send a copy to the person who sent the original notice. We will restore the material no less than 10 and no more than 14 business days after we receive the counter-notice, unless the person who sent the original notice tells us first that they have filed a court action to stop you from posting the material.

Repeat infringers: We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others.

8. User Content

By participating in challenges and appearing on leaderboards, you grant OutPace a limited, non-exclusive, royalty-free, worldwide license to display your display name, profile photo, activity data, and challenge results to other users of the Service as necessary to operate the platform.

Public challenges: If you join a challenge that is publicly accessible via a share link, your display name, profile photo, challenge totals, and leaderboard ranking within that challenge may be visible to anyone, including visitors who are not signed in and access the challenge link. The individual activities listed in a challenge are visible only to its members. By joining a public challenge, you consent to this visibility.

Challenge results are kept: When you join a challenge, you agree that your results in it are kept after the challenge ends, as the record of that competition for you and the other members. Your results are the activities that counted toward the challenge, including activities synced from connected platforms such as Strava, and the totals, rankings, streaks and badges built from them. They are deleted when you delete your account. If you disconnect a connected platform, or delete an activity in the app it came from, the activities and results that came from it are removed as described in our Privacy Policy.

This license exists solely for the purpose of operating and providing the Service. It does not grant us the right to sell your content or use it for advertising. This license terminates when you delete your account or remove the relevant content from the Service.

9. Disclaimer of Warranties

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTPACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injuries or health issues arising from exercise or fitness activities
• Loss of data resulting from third-party integration failures or service disruptions
• Inaccurate activity data synced from third-party fitness platforms
• Unauthorized access to your account due to compromised credentials
• Statements made, or actions taken, by a third-party AI assistant you connect
• Any damages arising from your reliance on information provided through the Service

In no event shall our total liability to you for all claims arising from or related to the Service exceed the amount you have paid to OutPace in the twelve (12) months preceding the claim.

11. Termination

11.1 Termination by OutPace

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, abusive behavior, suspected fraud, or extended periods of inactivity.

11.1a Suspicious or Manipulated Activity

OutPace relies on the honor system and data from connected devices. If an account's totals appear implausible or manipulated, we reserve the right to hide its contributions from leaderboards and challenges and to suspend the account. Suspension does not delete your account or your history.

Suspended users may appeal by contacting contact@outpace.fit. We review appeals individually, and a suspension we got wrong is reversed in full.

11.2 Termination by You

You may delete your account at any time through your account settings or by contacting us at contact@outpace.fit. Upon account deletion, your personal data will be permanently removed in accordance with our Privacy Policy.

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, and limitations of liability.

12. Changes to Terms

We may update these Terms from time to time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes through the Service or via email.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

14. Contact Us

If you have questions about these Terms of Service, please contact us: