1. Introduction
These Terms of Service (the "Terms") govern your access to and use of products and services provided by Pacer Health, Inc. ("Pacer," "we," "us," or "our"), including the Pacer mobile applications, Pacer for Teams, the mypacer.com website and its subdomains, and related products, features, and services (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read and agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
2. Eligibility
You must be at least 16 years old to use the Services and have the legal capacity to agree to these Terms.
3. Use of the Services
You may use the Services only in accordance with these Terms and applicable law. You must not collect another user's contact information for unsolicited communications; interfere with reliability, security, or operation; scrape or harvest data without written authorization; use the Services unlawfully; attempt unauthorized access; introduce malicious code; reverse engineer software except as permitted by law; or infringe another person's rights.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.
4. User Content
The Services may allow you to submit, upload, post, share, or publish photos, routes, exercise records, comments, reviews, profile information, and other content ("User Content"). You are responsible for the User Content you provide and represent that you have the rights and permissions needed to provide it.
By providing User Content, you grant Pacer a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, display, distribute, and otherwise use that User Content as necessary to operate, provide, secure, maintain, and improve the Services, subject to applicable law and the Privacy Policy.
You must not submit or share User Content that infringes rights, contains harmful misrepresentations, is unlawful or abusive, encourages criminal conduct, contains unauthorized advertising, impersonates another person, or violates the Pacer Community Standards. Pacer may review, restrict, remove, or disable access to violating User Content.
5. Health Services
5.1 Optional Connection and Authorization
Pacer may allow you to connect the Services with Apple Health, Health Connect, and other third-party fitness, health, and tracking applications, devices, and services (collectively, "Health Services"). Connecting a Health Service is optional.
If you choose to connect a Health Service and complete the applicable authorization process, you direct and authorize Pacer to access, receive, store, process, and synchronize the information covered by the permissions you grant. If you grant write access, you also authorize Pacer to send supported Pacer activity or exercise information to that Health Service.
If data originating from Fitbit or Google Health is synchronized into Apple Health or Health Connect, Pacer may receive that data only through the Apple Health or Health Connect connection you authorize. Pacer does not connect directly to Fitbit or Google Health through their APIs.
The data involved, purposes, and privacy controls are described in the Privacy Policy and in disclosures presented during the connection process. You represent that you are authorized to use the applicable account, device, or service and to grant the requested permissions.
5.2 Revocation and Disconnection
You may disconnect a Health Service through Pacer's connected-service or activity-data-source settings where available, or revoke access through the settings provided by the applicable Health Service, account, device, or platform. After Pacer processes the revocation or disconnection, future synchronization will stop and dependent features may become unavailable. Revocation or disconnection does not automatically delete information previously imported into Pacer or written to the Health Service.
5.3 Synchronization Availability and Limitations
Synchronization may not be continuous, immediate, complete, or error-free. Data may be delayed, omitted, duplicated, rejected, or unavailable because of device, operating-system, network, account, permission, API, rate-limit, maintenance, or provider changes. You should review important records and should not use Pacer or a Health Service as the sole backup of your information.
5.4 Differences Between Data Sources
Activity and exercise values displayed by Pacer may differ from values displayed by a Health Service, wearable device, or other data source because of sensors, algorithms, rounding, time zones, aggregation, deduplication, source priority, edits, supported fields, or later corrections. Pacer does not guarantee that data from different sources will match exactly.
5.5 Third-Party Terms and Availability
Your use of a Health Service is governed by that provider's applicable terms and privacy policies. Health Services are operated independently from Pacer. Pacer does not control and cannot guarantee their continued availability, functionality, accuracy, security, or compatibility.
6. No Medical Advice or Medical Use
THE SERVICES, INCLUDING DATA IMPORTED FROM OR EXPORTED TO A HEALTH SERVICE, ARE INTENDED FOR GENERAL FITNESS AND WELLNESS PURPOSES ONLY.
The Services and activity statistics, goals, scores, trends, reports, insights, challenge results, and other derived information do not constitute medical advice, diagnosis, treatment, clinical decision support, emergency monitoring, or a medical device. Do not rely on Pacer or connected Health Service data for urgent medical decisions.
7. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pacer and its affiliates, partners, officers, directors, employees, agents, suppliers, and licensors from claims, losses, liabilities, damages, costs, and expenses arising from your breach of these Terms, User Content, access to or misuse of the Services, or violation of law or another person's rights.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. Pacer disclaims warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, completeness, availability, and timeliness.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Pacer will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption. Pacer's total liability will not exceed the greater of the amount you paid to Pacer during the 12 months before the event giving rise to the claim or US $100.
10. Pacer Premium Supplementary Terms
10.1–10.7
Pacer Premium is an optional paid service. Prices, billing periods, trials, automatic renewal, cancellation, refund, and payment-processing terms are disclosed before purchase and are also subject to the applicable Apple App Store or Google Play terms. Canceling a subscription does not automatically delete your Pacer account, and deleting your account does not automatically cancel a subscription.
11. Suspension and Termination
You may stop using the Services at any time. Pacer may suspend, restrict, or terminate access if you violate these Terms or law, create a security, legal, or operational risk, protection is needed, required by an authority or platform provider, or Pacer discontinues a Service or feature.
12. Changes to the Services or These Terms
Pacer may modify, suspend, or discontinue a Service or feature. We may revise these Terms from time to time. The effective date identifies the current version. If a change materially affects your rights or obligations, we will provide notice and obtain consent where required.
13. General Provisions
If a provision is invalid or unenforceable, the remaining provisions remain in effect. Pacer's failure to enforce a provision is not a waiver. You may not assign or transfer your rights or obligations without Pacer's prior written consent. These Terms, the Privacy Policy, and applicable supplementary terms constitute the agreement between you and Pacer concerning the Services.
14. Contacting Us
Questions about the Services or these Terms: support@mypacer.com
Privacy inquiries: dpo@mypacer.com