Pacer Terms of Service

Effective date:

1. Introduction

These Terms of Service (the "Terms") govern your access to and use of the products and services provided by Pacer Health, Inc. ("Pacer," "we," "us," or "our"), including:

  • the Pacer mobile applications for iOS and Android (the "Mobile App");
  • the Pacer for Teams corporate fitness challenge platform ("Pacer for Teams");
  • the mypacer.com website and its subdomains (the "Website"); and
  • related products, features, and services.

We refer to these collectively as the "Services."

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.

Certain features may be subject to additional terms, guidelines, or rules presented through the Services. Those additional terms, guidelines, and rules form part of these Terms when they apply to your use of a feature.

2. Eligibility

You must be at least 16 years old to use the Services. By accessing or using the Services, you represent that you meet this age requirement and have the legal capacity to agree to these Terms.

We may suspend or terminate an account if we reasonably believe that the account holder does not meet the applicable eligibility requirements.

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 by electronic or other means for the purpose of sending unsolicited communications;
  • use the Services in a way that degrades or interferes with their reliability, speed, security, or operation;
  • use scraping, harvesting, automated extraction, or similar methods to collect data about other users or from the Services, except where Pacer has expressly authorized that activity in writing;
  • use the Services for an unlawful purpose or in violation of these Terms;
  • attempt to gain unauthorized access to the Services, another account, or a connected system;
  • introduce malicious code or interfere with security-related features;
  • decompile, reverse engineer, or otherwise attempt to derive source code from software included in the Services, except to the extent that applicable law expressly permits that activity; or
  • use the Services in a way that infringes or violates another person's rights.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You must promptly notify Pacer if you believe that your account has been accessed without authorization.

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 solely responsible for the User Content you provide and the consequences of submitting or sharing it. You represent that you own or have all rights, permissions, and licenses needed to provide the User Content and to grant the license described below.

The audience that can view User Content depends on the feature you use and your applicable privacy and sharing settings. Pacer does not guarantee the confidentiality of User Content that you choose to make public or share with other users, groups, challenges, organizations, or communities.

By providing User Content through the Services, 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. This license continues for as long as reasonably necessary for those purposes, including for backup, security, legal, and technical requirements, subject to applicable law and the Privacy Policy.

You must not submit or share User Content that:

  • infringes copyright, trade secret, privacy, publicity, or other proprietary rights;
  • contains false statements or misrepresentations that could harm Pacer or another person;
  • is unlawful, obscene, defamatory, threatening, harassing, hateful, discriminatory, pornographic, or otherwise inappropriate;
  • encourages criminal conduct or creates civil liability;
  • contains unauthorized advertising or business solicitations;
  • impersonates another person; or
  • violates the Pacer Community Standards.

Pacer does not endorse User Content or opinions, recommendations, or advice expressed by users. We may review, restrict, remove, or disable access to User Content that violates these Terms, the Community Standards, applicable law, or the rights or safety of Pacer, our users, or others.

If you believe that content in the Services infringes your copyright, contact us at support@mypacer.com.

5. Health Services

5.1 Optional Connection and Authorization

Pacer may allow you to connect the Services with Apple Health, Google Fit, Google Health, 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 direct and authorize Pacer to send supported Pacer activity or exercise information to that Health Service.

The data involved, the purposes for which it is used, and the applicable privacy controls are described in the Privacy Policy and in the disclosures presented during the connection process. You represent that you are authorized to use the applicable account, device, or service for the connection 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. You may also revoke Pacer's access through the settings provided by the applicable Health Service, account, device, or platform.

After Pacer receives and processes the revocation or disconnection, future synchronization will stop and features that depend on the connection may become unavailable. Revocation or disconnection does not automatically delete information previously imported into Pacer or information previously written to the Health Service. Information stored by Pacer and information stored by the third-party provider must be managed or deleted through the controls provided by the applicable service, as further described in the Privacy Policy.

Pacer may suspend or terminate a connection when authorization expires, required permissions are withdrawn, the third-party service is unavailable, or suspension is reasonably necessary for security, legal, technical, or policy-compliance reasons.

For Google Health, you may also revoke Pacer's access through your Google Account or Google Health settings. Additional Google Health disconnection and deletion rules are described in the Privacy Policy.

5.3 Synchronization Availability and Limitations

Synchronization with a Health Service may not be continuous, immediate, complete, or error-free. Synchronization depends on factors outside Pacer's control, including device and operating-system behavior, network availability, account and permission settings, third-party API availability, rate limits, maintenance, and changes made by the third-party provider.

As a result, data may be delayed, omitted, duplicated, rejected, or unavailable. Certain data types, historical periods, edits, or measurements may not be supported. Pacer may retry synchronization, prevent or remove duplicate records, reject unsupported or apparently invalid records, or apply source-priority and conflict-resolution rules in order to maintain the integrity of the Services.

You should review important activity 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, a wearable device, another application, or another data source. Differences may result from sampling frequency, device sensors, algorithms, rounding, time-zone handling, day boundaries, aggregation, deduplication, source priority, manual edits, supported data fields, or later corrections by a data provider.

A difference between services does not necessarily mean that either service is malfunctioning. 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 the continued availability, functionality, accuracy, security, or compatibility of a Health Service.

For Google Health, your use is also subject to the applicable Google Terms of Service and Google Privacy Policy.

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 ANY ACTIVITY STATISTICS, GOALS, SCORES, TRENDS, REPORTS, INSIGHTS, CHALLENGE RESULTS, OR OTHER DERIVED INFORMATION DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, CLINICAL DECISION SUPPORT, EMERGENCY MONITORING, OR A MEDICAL DEVICE.

Pacer and its personnel are not acting as licensed medical professionals or healthcare providers through the Services. You should consult a qualified and licensed healthcare professional regarding a medical condition and before beginning or modifying a diet, exercise, or wellness program.

DO NOT RELY ON PACER OR CONNECTED HEALTH SERVICE DATA TO MAKE URGENT MEDICAL DECISIONS. CONTACT LOCAL EMERGENCY SERVICES IF YOU BELIEVE YOU MAY HAVE A MEDICAL EMERGENCY.

Your use of the Services does not create a doctor-patient or other healthcare-provider relationship between you and Pacer.

7. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pacer, its affiliates, partners, and their respective officers, directors, employees, agents, suppliers, and licensors from and against claims, actions, demands, losses, liabilities, damages, costs, and expenses, including reasonable legal and accounting fees, arising from or relating to:

  • your breach of these Terms;
  • your User Content;
  • your access to, use of, or misuse of the Services; or
  • your violation of applicable law or another person's rights.

Pacer will provide reasonable notice of a covered claim. We may assume the exclusive defense and control of a matter subject to indemnification, in which case you agree to cooperate with our reasonable requests in connection with the defense.

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, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

PACER, ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, AND TIMELINESS.

PACER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT OR SYNCHRONIZED DATA WILL BE ACCURATE, COMPLETE, OR AVAILABLE; OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU USE THE SERVICES AND CONTENT AT YOUR OWN RISK. IF USE OF THE SERVICES RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, PACER IS NOT RESPONSIBLE FOR THOSE COSTS TO THE EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions above apply only to the maximum extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACER, ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACER'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PACER FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In those jurisdictions, the limitations above apply only to the maximum extent permitted by law.

10. Pacer Premium Supplementary Terms

10.1 Pacer Premium

The Services may include optional paid features and services offered as "Pacer Premium." These supplementary terms apply in addition to the other provisions of these Terms.

By purchasing or starting a trial of Pacer Premium, you agree to these supplementary terms and to the price, billing period, trial conditions, and other purchase information presented before you confirm the transaction.

10.2 Access

Pacer Premium is available through supported versions of the Mobile App on compatible iOS or Android devices. Available features may vary by platform, country or region, application version, subscription plan, or other eligibility requirements disclosed to you.

10.3 Billing and Automatic Renewal

Pacer Premium subscriptions are billed in advance on a recurring monthly, annual, or other disclosed billing cycle. Unless canceled before the end of the current billing period, a subscription automatically renews and the applicable Apple App Store or Google Play account will be charged the price shown at purchase or the then-current price disclosed in accordance with applicable requirements.

You are responsible for reviewing your subscription details, renewal date, and applicable fees through your Apple App Store or Google Play subscription-management settings.

10.4 Free Trials and Promotional Offers

Pacer may offer a free trial, introductory price, discount, or promotional offer subject to the eligibility requirements and conditions disclosed at enrollment. Unless you cancel before the trial or promotional period ends, your subscription will automatically convert to a paid subscription and the applicable recurring fee will be charged.

Unless otherwise stated in the offer, a free trial may be used only once per eligible Apple App Store or Google Play account.

10.5 Price Changes

Subscription prices and available plans may change. We will provide notice and obtain any consent required by applicable law or the applicable application-store rules before a price change applies to an existing subscription.

10.6 Cancellation and Refunds

You may cancel a Pacer Premium subscription through the subscription-management settings of the Apple App Store or Google Play account used for the purchase. Cancellation takes effect at the end of the current paid billing period unless the applicable platform or law provides otherwise. Canceling a subscription does not automatically delete your Pacer account.

Deleting your Pacer account does not automatically cancel a Pacer Premium subscription. You must cancel the subscription separately through the subscription-management settings of the Apple App Store or Google Play account used for the purchase.

Payments are non-refundable except where required by applicable law or permitted under the refund rules of the applicable application store. Information about requesting refunds is available in our Pacer Premium refund support article.

10.7 Payment Processing

Payments for Mobile App subscriptions are processed through the Apple App Store or Google Play. Your payment is also subject to the applicable platform's payment and subscription terms. Pacer does not directly control application-store payment processing or refund decisions.

11. Suspension and Termination

You may stop using the Services at any time. You may cancel a subscription as described in Section 10 and may request deletion of your Pacer account through the available account settings.

Pacer may suspend, restrict, or terminate your access to some or all of the Services if:

  • you violate these Terms, applicable guidelines, or applicable law;
  • your use creates a security, legal, or operational risk;
  • suspension is needed to protect Pacer, our users, or another person;
  • required by a court, regulator, government authority, or platform provider; or
  • Pacer discontinues a Service or feature.

Where reasonably practicable and legally permitted, Pacer will provide notice of a suspension or termination. Provisions that by their nature should survive termination, including provisions concerning User Content licenses, indemnification, warranty disclaimers, limitations of liability, and accrued payment obligations, will survive.

12. Changes to the Services or These Terms

Pacer may modify, suspend, or discontinue a Service or feature. Where required by applicable law, we will provide notice before a material change takes effect.

We may revise these Terms from time to time. The effective date at the top identifies the current version. If a change materially affects your rights or obligations, we will provide prominent notice and obtain consent where required before the change applies.

Your continued use of the Services after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to the revised Terms, you must stop using the affected Services.

13. General Provisions

If a provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect, and the affected provision will be enforced to the maximum extent permitted by law.

Pacer's failure to enforce a provision of these Terms is not a waiver of its right to do so later. You may not assign or transfer your rights or obligations under these Terms without Pacer's prior written consent. Pacer may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, subject to applicable law.

These Terms, the Privacy Policy, and any applicable supplementary terms or feature-specific rules constitute the agreement between you and Pacer concerning the Services covered by those documents.

Nothing in these Terms limits rights or remedies that cannot lawfully be waived or limited.

14. Contacting Us

For questions about the Services or these Terms, contact: