Terms of Use

EFFECTIVE [DATE] · DRAFT FOR ATTORNEY REVIEW

The short version

Pacecraft runs published exercise programs. It is not medical care and it does not replace your clinician.

It cannot tell whether it’s safe for you. Only someone who can examine you can do that.

Stop if something feels wrong, and take anything worrying to a clinician rather than to the app.

We can’t promise it works — for you or for anyone. The programs have published research behind them. The app is new.

The rest sets out the details.

1 · Agreeing to these terms

By using the Pacecraft app or pacecraftapp.com, you agree to these terms. If you don’t agree, please don’t use them.

If you’re under 18, a parent or guardian must read and agree to these terms with you. Pacecraft is not for anyone under 13.

2 · What Pacecraft is

Pacecraft is software that runs published exercise programs for POTS — currently programs developed at Children’s Hospital of Philadelphia — and keeps track of what you do.

What it does: times your sessions, records what happened, applies the program’s own rules about repeating weeks, and produces a summary you can share.

What it is not:

Not medical care, and not a substitute for it. Nothing in the app is a diagnosis, a prescription, a treatment plan, or medical advice, and using it doesn’t create any clinician-patient relationship with anyone.

Not a medical device. It is not FDA-cleared or approved.

Not a monitoring service. Nobody is watching your data. If you record something concerning, no one is alerted. If you stop using it, nobody follows up.

Not the programs’ publisher. We didn’t create these programs and we’re not affiliated with, endorsed by, or connected to Children’s Hospital of Philadelphia or any other institution whose work the app runs.

3 · Health and safety — the important part

Talk to a clinician before starting. Exercise programs aren’t right for everyone, and whether one is right for you depends on things the app cannot know.

The app asks some screening questions. They are not an examination. They catch some common reasons not to start. They will not catch everything, they can be answered inaccurately, and passing them is not clearance.

Stop if you need to. During any session, if you feel unwell, faint, have chest pain, or anything feels wrong — stop. The app never requires you to finish anything.

Get help when it’s needed. If you have chest pain, difficulty breathing, faint, or feel seriously unwell, contact emergency services or a clinician. Do not use the app instead.

The app doesn’t know how you are. It doesn’t monitor your heart rate for safety, doesn’t detect a problem, and won’t tell you to stop. You are the only one who can judge that, and you always get to.

You are responsible for deciding what to do. The app presents a program and information. What you do with your body is your decision, made with whoever is looking after you.

4 · What we don’t promise

We don’t promise Pacecraft will help you. The programs it runs have published research behind them. The app itself is new, and no claim is made about outcomes for any individual.

We don’t promise it will always work. Software has bugs. Timers can be interrupted by the operating system. Data can be lost if a device fails. Weather information may be wrong or unavailable.

We don’t promise the information in the app is complete or current. The educational material is written carefully from published sources and is general information, not advice about you.

To the extent the law allows, Pacecraft is provided “as is”, without warranties of any kind, express or implied — including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

[Attorney: confirm the disclaimer language and whether a jurisdiction-specific carve-out is needed.]

5 · Your data

Your health information stays on your device. What we do and don’t handle is set out in the [Privacy Policy], which forms part of these terms.

Back up your device. We don’t hold a copy of your information, so we can’t restore it. If you lose your phone, or delete the app, your history goes with it unless you exported it.

Export before you switch phones. Settings has a one-tap export. There is no account-based transfer, by design.

6 · The clinician report

The app produces a summary from what you recorded.

It reflects what you entered. It is not a clinical record, not verified by anyone, and not a substitute for your clinician’s own notes.

You decide who sees it. Once you’ve shared it, what happens to it is between you and whoever received it.

Any accommodation or summary letter the app produces is a draft for a clinician to review, amend and sign. It is not signed by us, is not medical documentation, and should never be presented as though it were.

7 · Using it properly

Please don’t:

  • Use it for anyone other than yourself, unless you’re a parent or guardian helping someone you’re responsible for

  • Present its output as medical documentation, or as coming from a clinician

  • Copy, resell, or redistribute the app or its content

  • Try to break, reverse-engineer, or interfere with it

  • Use it in a way that breaks the law

8 · What belongs to whom

The app, its design, illustrations, written material, audio and code belong to [LLC NAME]. You get a personal, non-transferable licence to use it. Nothing here transfers ownership.

The exercise programs are not ours. They were developed and published by others, and Pacecraft implements them. Our implementation is ours; the underlying programs are not, and we claim no rights in them.

The questionnaires the app uses belong to their authors and are used according to their terms.

“Pacecraft” and the Pacecraft mark are ours.

9 · Beta

Pacecraft is currently in beta. That means an early version: features may be incomplete, may change, or may be removed, and there will be bugs.

Please tell us when something’s wrong — [EMAIL]. During beta especially, that’s how it gets fixed.

Beta doesn’t reduce the health and safety points in section 3. Those apply the same however finished the software is.

10 · Ending it

You can stop at any time. Delete the app. Nothing to cancel, nobody to tell.

We may stop offering the app or the website, or discontinue it entirely. If we do, we’ll give as much notice as we reasonably can so you can export your data.

We may stop someone using it if they’re using it in a way that breaks these terms and could harm someone else.

11 · Limits on liability

[Attorney: this section needs your drafting. The intent is set out below in plain terms.]

To the fullest extent the law allows, [LLC NAME] is not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, arising from your use of Pacecraft.

Our total liability for any claim relating to Pacecraft is limited to the amount you paid us in the twelve months before the claim — which, during beta, is nothing.

Some places don’t allow these limits, and where that’s the case they don’t apply to you.

Nothing here limits liability for anything that cannot lawfully be limited.

12 · Where these terms apply

These terms are governed by the laws of [STATE], without regard to conflict-of-law rules.

Pacecraft is offered in the United States. If you use it elsewhere, you do so on your own initiative and you’re responsible for local law.

[Attorney: if EU or UK distribution is planned, this section and §11 need rewriting — consumer-protection law there limits several of these clauses.]

13 · Disputes

[Attorney: the bracketed clause below is optional and is a real decision. Advise whether to include arbitration at all.]

[Optional — arbitration and class-action waiver, if advised.]

Otherwise, disputes go to the state or federal courts of [STATE].

14 · Changes to these terms

We may update these terms. Changes will be posted here with a new effective date.

If a change materially affects your rights, we’ll tell you in the app before it takes effect.

Continuing to use Pacecraft after a change means you accept the updated terms.

15 · Everything else

If part of these terms is unenforceable, the rest still applies.

If we don’t enforce something immediately, we haven’t given up the right to.

These terms plus the Privacy Policy are the whole agreement between you and us about Pacecraft.

16 · Contact

[EMAIL] [LLC NAME], [ADDRESS]

Effective [DATE].