Terms of Use

1. Eligibility and accounts

The Services are intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, a parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Terms before you use the Services.

To access certain features you must create an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to provide true, accurate, current, and complete information and to keep it updated. If you provide information that is untrue, inaccurate, out of date, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

2. Subscriptions, billing, and auto-renewal

NXT RUN offers paid subscriptions, including NXT RUN Pro and NXT RUN Basic, on monthly and annual terms. Prices are shown in the app and on our website and are stated in U.S. dollars unless otherwise indicated. You agree to provide current, complete, and accurate purchase and account information, and to promptly update it so we and our payment providers can complete your transactions.

Subscriptions purchased through a mobile app are processed and billed by the applicable app store (the Apple App Store or Google Play) using the payment method on file with your store account, and are subject to that store's terms. Applicable taxes may be added.

Auto-renewal. Paid subscriptions automatically renew for successive periods of the same length (monthly or annual) at the then-current price, unless you cancel before the end of the current period. Your store account will be charged for renewal within the 24-hour period prior to the end of the current period. You can turn off auto-renewal, manage, or cancel your subscription at any time in your app store account settings.

Free trials. If a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription, to the extent permitted by the applicable app store. Referral codes may extend a trial where offered.

Price changes. We may change subscription prices from time to time. Price changes apply to future billing periods, and where required by law or app store policy you will be notified and given the opportunity to cancel before the change takes effect.

The BQ Bonus is a separate program available to eligible annual Pro subscribers and is governed by the BQ Bonus Terms.

3. Cancellation and refunds

You can cancel your subscription at any time by turning off auto-renewal in your app store account settings. Your cancellation takes effect at the end of the current paid period, and you will continue to have access until then. Deleting the app does not cancel your subscription.

Because subscriptions are billed by the app stores, refunds are handled by Apple or Google in accordance with their policies, and we generally do not control or issue refunds for app store purchases. Except where required by applicable law or app store policy, payments are non-refundable and there are no refunds or credits for partially used periods. If you believe you were charged in error, contact us at support+nxtrun@enduranceapps.com and we will try to help.

4. Health disclaimer and assumption of risk

Running and physical training involve inherent risks, including the risk of serious injury, illness, or, in rare cases, death. You should consult a qualified physician before beginning, changing, or continuing any training program, especially if you have any medical condition, are pregnant, are injured, or have any concern about your ability to exercise safely. Never disregard professional medical advice or delay seeking it because of something you read or received through the Services.

You voluntarily assume all risks associated with your use of the Services and with any running, training, or physical activity you undertake. You are solely responsible for your own health, safety, and training decisions, including whether to attempt any workout, pace, distance, or effort suggested by the Services. To the fullest extent permitted by law, you release and hold harmless Endurance Apps and its owners, employees, and agents from any and all liability for injury, loss, or damage of any kind arising out of or related to your use of the Services or your training.

5. Training content and PACE

The Services generate personalized training plans and related content, including through PACE, our automated coaching features. This content is produced using algorithms and automated systems based on the information you provide and your activity data. It is provided on an "as is" basis for informational purposes, may not be suitable for your individual circumstances, and is not guaranteed to produce any particular result, including any race time, qualification, or performance outcome. You are responsible for evaluating and using this content with your own judgment, and you should adjust or disregard any recommendation that does not feel safe or appropriate for you.

6. Intellectual property rights

Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics (the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other laws. The Content and the Marks are provided "AS IS" for your information and personal use only. Except as expressly permitted in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

7. User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

8. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user, you agree not to:

• Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services, or that acts as a passive or active information collection or transmission mechanism.
• Engage in any automated use of the system, including using scripts, data mining, robots, scrapers, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person, or use the username of another user.
• Sell or otherwise transfer your profile or account.
• Use the Services as part of any effort to compete with us, or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise not approved by us.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up any part of the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Copy or adapt the Services' software, including HTML, JavaScript, or other code.

9. Mobile application license

If you access the Services via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws in connection with your use of the application; (4) remove, alter, or obscure any proprietary notice posted by us or our licensors; (5) use the application for any revenue-generating endeavor or purpose for which it is not designed; (6) make the application available over a network where it could be used by multiple devices or users at the same time; (7) use the application to create a product or service that is competitive with or a substitute for the application; (8) use the application to send automated queries or unsolicited commercial email; or (9) use our proprietary information or interfaces in the design or development of any applications, accessories, or devices.

Apple and Google devices

The following terms apply when you use a mobile application obtained from the Apple App Store or Google Play (each an "App Distributor"): (1) the license granted to you is limited to a non-transferable license to use the application on a device that uses the Apple iOS or Android operating system, in accordance with the applicable App Distributor's usage rules; (2) we are responsible for providing maintenance and support for the application as specified in these Terms or as required by law, and you acknowledge that each App Distributor has no obligation to furnish any maintenance and support; (3) in the event the application fails to conform to any applicable warranty, you may notify the applicable App Distributor, which may refund the purchase price (if any), and to the maximum extent permitted by law the App Distributor will have no other warranty obligation; (4) you represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and are not on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms when using the application; and (6) you acknowledge that the App Distributors are third-party beneficiaries of these Terms and will have the right to enforce them against you.

10. Submissions and feedback

Any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Services ("Submissions") are non-confidential and become our sole property. We own all rights, including intellectual property rights, and may use and share Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any Submissions and warrant that they are original to you or that you have the right to submit them.

11. Third-party websites and content

The Services may contain links to third-party websites and third-party content, including services you connect such as Garmin, Strava, Apple, and COROS. We do not investigate, monitor, or check third-party websites or content for accuracy or appropriateness, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any third-party website or content does not imply our approval or endorsement. If you access third-party websites or use third-party content, you do so at your own risk, and these Terms no longer govern. You should review the applicable terms and privacy policies of any third party. Any purchases through third parties are between you and that third party, and you agree we have no responsibility for them and you will hold us harmless from any harm caused.

12. Privacy

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms. By using the Services, you agree to be bound by it. The Services are hosted in the United States. If you access the Services from outside the United States, you consent to having your data transferred to and processed in the United States as described in the Privacy Policy.

13. Term and termination

These Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason, including for breach of any representation, warranty, or covenant in these Terms or of any applicable law. We may terminate your use or participation in the Services or delete your account and any content at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

14. Site and account management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your contributions; (4) remove or disable content that is excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and facilitate their proper functioning.

15. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, and we have no obligation to update any information. We may modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

16. Governing law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within Colorado, without regard to its conflict of law principles.

17. Dispute resolution

Binding arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at www.adr.org. Your arbitration fees and share of arbitrator compensation are governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, by submission of documents, by phone, or online. The arbitrator will make a written decision and may award the same damages and relief as a court, and must follow applicable law. Except where otherwise required by the applicable AAA rules or law, the arbitration will take place in Boulder County, Colorado. Except as otherwise provided, the parties may litigate in court to compel arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on the arbitrator's award.

If for any reason a dispute proceeds in court rather than arbitration, it will be commenced or prosecuted in the state and federal courts located in Boulder County, Colorado, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded. In no event shall any dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to arbitration

The following disputes are not subject to the above provisions concerning binding arbitration: (a) disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion found to be illegal or unenforceable, and such dispute will be decided by a court of competent jurisdiction within the courts listed above.

18. Corrections

There may be information in the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO LIABILITY FOR ANY (1) ERRORS OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, OR THE LIKE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED FROM THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. Limitation of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

22. User data

We will maintain certain data that you transmit to the Services in order to manage their performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.

23. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws that require an original signature or delivery or retention of non-electronic records.

24. U.S. Government rights

Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to these Terms in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If acquired by or on behalf of any agency within the DOD, our services are subject to these Terms in accordance with Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202-3, and DFARS 252.227-7015 applies to technical data acquired by the DOD.

25. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

27. Contact us

To resolve a complaint regarding the Services or to receive further information about their use, please contact us: