Terms of Service

To use the Services, you must be at least 13 years of age. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. To purchase Athlete Passes or use paid features, you must be at least 18 years of age or the age of majority in your jurisdiction. By creating an account, you represent and warrant that: (a) all registration information you provide is truthful, accurate, and complete; (b) you will maintain the accuracy of such information; (c) you are responsible for maintaining the confidentiality of your account credentials; (d) you are fully responsible for all activities that occur under your account; and (e) you will immediately notify Smagpie Coaching at support@smagpie.com of any unauthorized use of your account. Smagpie Coaching reserves the right to suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.

You retain all ownership rights to content you create or upload to Smagpie Coaching (“User Content”), including but not limited to: workout definitions, training plans, exercise configurations, team rosters, coaching notes, and athlete performance data. By using the Services, you grant Smagpie Coaching a limited, non-exclusive, royalty-free license to host, store, process, and display your User Content solely for the purpose of providing and improving the Services for you and your authorized athletes. This license terminates when you delete your User Content or close your account, except that: (a) content shared with other users may persist in their accounts to the extent they independently retained it; and (b) de-identified, aggregated data that cannot reasonably be used to identify you or your athletes may be retained for service improvement and analytics purposes. We do not use your User Content to train machine learning models, generate aggregate products for sale, or create derivative works. You are solely responsible for the User Content you make available through the Services, including ensuring that it does not violate any third-party rights, applicable laws, or these Terms. Smagpie Coaching does not review, endorse, or guarantee the accuracy, completeness, or safety of any User Content.

The Smagpie Coaching free tier provides core functionality at no cost with no time limitation. Paid features (“Athlete Passes”) are purchased on a per-athlete, per-season basis. All prices are displayed in United States Dollars (USD) unless otherwise specified, and are exclusive of applicable taxes, which will be calculated and displayed at checkout. Pricing is displayed before purchase and requires explicit confirmation. We do not use auto-renewal for Athlete Passes — each season requires a new, affirmative purchase decision. Pricing changes will be communicated at least 30 days before they take effect and will not apply to already-purchased passes. Refund policy: unused Athlete Passes may be refunded within 14 days of purchase by contacting support@smagpie.com. An Athlete Pass is considered “unused” if no workout sessions have been logged against it. You are responsible for any applicable taxes related to your use of paid Services. Payment processing is handled by third-party payment processors, and your use of payment services is subject to those processors’ terms and privacy policies in addition to these Terms.

Account cancellation is available through self-service in your account settings. No approval process, waiting period, or human interaction is required. Upon cancellation: (1) your account is immediately deactivated and access to paid features ceases; (2) your data remains accessible for export for 90 calendar days; (3) after 90 days, all personal data and User Content is permanently and irreversibly deleted from our active systems and backups. Export formats: activity data in .fit format (industry standard), structured data (rosters, workouts, plans) in .csv format. You may request immediate deletion before the 90-day window by contacting privacy@smagpie.com. Upon cancellation, any unused Athlete Passes for the current season remain valid through the end of that season but no refund will be issued for partially used passes. The limited license you granted to Smagpie Coaching under these Terms terminates upon deletion of your User Content or account, subject to the exceptions described in the “Your Content & Data” section above.

YOUR USE OF THE SERVICES AND ANY ATHLETIC ACTIVITIES PERFORMED PURSUANT TO OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FOLLOWING TRAINING PLANS, WORKOUT PRESCRIPTIONS, OR EXERCISE RECOMMENDATIONS CREATED BY COACHES THROUGH THE PLATFORM, IS ENTIRELY AT YOUR OWN RISK. Smagpie Coaching provides a technology platform for coaches to design, assign, and manage training programs. Smagpie Coaching does not create, endorse, verify, or validate any training content, workout prescriptions, or coaching recommendations made available through the Services. All training content is created by third-party coaches who are solely responsible for its appropriateness, safety, and suitability for individual athletes. The Services are designed for informational and training management purposes only and are not intended to be, and shall not be construed as, medical advice, physical therapy, athletic training advice, nutritional counseling, or any other form of professional health guidance. You should always consult with a qualified physician or healthcare provider before beginning any exercise program, particularly if you have any pre-existing medical conditions, injuries, or health concerns. You should never disregard professional medical advice or delay seeking medical attention because of information accessed through the Services. You voluntarily assume all risks associated with any physical activities you undertake in connection with the Services, including but not limited to the risk of physical injury, illness, disability, or death. You acknowledge that physical training involves inherent risks that cannot be eliminated regardless of the care taken to avoid them.

You agree to use the Services only for their intended purpose of athletic training management and in compliance with all applicable laws and regulations. You shall not: (a) use the Services to harm, threaten, harass, or endanger any person, particularly athletes under your supervision; (b) upload, post, or transmit any content that is unlawful, defamatory, obscene, fraudulent, or that infringes any third-party intellectual property or privacy rights; (c) impersonate any person or entity, or falsely represent your affiliation with any person or entity; (d) attempt to gain unauthorized access to the Services, other user accounts, or any computer systems or networks connected to the Services; (e) interfere with or disrupt the Services or servers or networks connected to the Services; (f) use any automated means (bots, scrapers, crawlers) to access the Services without our express written permission; (g) upload software viruses or any other malicious code; (h) create multiple accounts for deceptive or abusive purposes; or (i) use the Services in any manner that could damage, disable, overburden, or impair the Services. When coaching minors, you must comply with your organization’s athlete safeguarding policies, applicable child protection laws, and maintain the confidentiality of athlete data you access through the platform. We reserve the right to suspend or terminate accounts that violate these Terms, with notice and opportunity to remedy the violation except in cases of immediate harm to athletes, other users, or the platform.

The Services are not directed to, and Smagpie Coaching does not knowingly collect personal information from, children under the age of 13. If we learn that we have collected personal information from a child under 13, we will delete that information promptly. Children under 13 may not create accounts or use the Services. For athletes between the ages of 13 and the age of digital consent in their country of residence, verifiable parental or guardian consent is required before the athlete may access the Services. The applicable age-of-consent thresholds are determined by the athlete’s country of residence and include, without limitation: 13 in the United States (Children’s Online Privacy Protection Act, “COPPA”), 13 in the United Kingdom and Portugal, 14 in Spain and Italy (GDPR Article 8 national implementations), 15 in France, 16 in Germany and the EU default (GDPR Article 8), and 18 in Brazil (LGPD Article 14). For countries not specifically listed, a default threshold of 16 applies. When parental consent is required, the platform will: (1) prompt the registering athlete to provide a parent or guardian email address; (2) send a consent request to that parent or guardian with a secure, time-limited link; (3) block the athlete’s access to the Services until consent is received; and (4) record the consent, including the parent’s name, relationship to the athlete, date, and method of consent (typed name or electronic signature). Consent links expire after 30 days and may be reissued by the coach. Coaches and organization administrators represent and warrant that: (a) they will not create accounts for or knowingly permit the use of the Services by children under 13; (b) they will ensure the parental consent process is completed for all athletes between 13 and the applicable age threshold before those athletes actively use the Services; (c) they will maintain compliance with their organization’s safeguarding policies regarding minor athlete data; and (d) they will promptly notify Smagpie Coaching if any parental consent is withdrawn. Smagpie Coaching provides built-in parental consent management tools to facilitate compliance, but the legal obligation to ensure that consent is properly obtained and maintained rests with the coach or organization. Parents or guardians may contact us at privacy@smagpie.com at any time to review, export, delete, or restrict the processing of their child’s personal information, or to withdraw previously granted consent.

THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMAGPIE COACHING AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMAGPIE COACHING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMAGPIE COACHING DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO EXERCISE DATA, PERFORMANCE METRICS, OR TRAINING ANALYTICS DERIVED FROM THIRD-PARTY DEVICES OR INTEGRATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SMAGPIE COACHING OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions will apply to the fullest extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMAGPIE COACHING, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SMAGPIE COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMAGPIE COACHING’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD); OR (B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO SMAGPIE COACHING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The limitations in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not Smagpie Coaching has been informed of the possibility of any such damage. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you. In such cases, Smagpie Coaching’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Smagpie Coaching, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of or access to the Services; (b) any User Content you create, upload, post, or transmit through the Services, including but not limited to training plans, workout definitions, coaching instructions, or athlete data; (c) your violation of these Terms of Service; (d) your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or publicity right; (e) any claim that User Content you provided through the Services caused damage to a third party, including claims of personal injury arising from training plans or workout prescriptions you created or assigned; or (f) any dispute between you and any athlete, team member, parent, guardian, or other user of the Services. Smagpie Coaching reserves 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. You agree not to settle any such matter without the prior written consent of Smagpie Coaching.

The Services may integrate with, link to, or rely upon third-party products, services, or content, including but not limited to: fitness devices and wearables, activity data providers, payment processors, cloud hosting services, and analytics providers (collectively, “Third-Party Services”). Your use of Third-Party Services is governed by the respective third party’s terms of service and privacy policies, not by these Terms. Smagpie Coaching does not control, endorse, or assume responsibility for the accuracy, availability, reliability, or completeness of any Third-Party Services or data obtained from them, including exercise data, heart rate measurements, GPS data, power metrics, or other fitness data imported into the Services from third-party devices. Smagpie Coaching shall not be liable for any loss or damage arising from: (a) the accuracy or inaccuracy of data received from Third-Party Services; (b) changes to, discontinuation of, or failures in Third-Party Services; (c) any actions taken by third-party service providers; or (d) your reliance on data or information derived from Third-Party Services.

Smagpie Coaching shall use commercially reasonable efforts to make the Services available, but does not guarantee that the Services will be available at all times or without interruption. You acknowledge that the Services may be subject to limitations, delays, and other problems inherent in the use of internet-based and cloud-hosted services. Smagpie Coaching reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will make reasonable efforts to provide advance notice of planned maintenance or significant changes. Smagpie Coaching shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Smagpie Coaching’s reasonable control, including but not limited to: acts of God; flood, fire, earthquake, or other natural disaster; epidemic or pandemic; war, terrorism, invasion, or civil unrest; government orders, laws, or actions; embargoes or blockades; national or regional emergency; strikes or labor disputes; power failures; internet or telecommunications failures; cyberattacks, denial-of-service attacks, or similar disruptions; failure or degradation of third-party cloud hosting services; or failure of third-party services, APIs, or integrations (collectively, “Force Majeure Events”). Smagpie Coaching’s obligation to perform under these Terms is suspended for the duration of any Force Majeure Event. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms by providing written notice to the other party.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. Informal Resolution: Before filing any formal dispute, you agree to first contact us at legal@smagpie.com with a written description of the dispute, including your name, account information, and the relief you seek. Both parties agree to attempt to resolve the dispute informally for at least thirty (30) days before initiating arbitration. Binding Arbitration: If we cannot resolve the dispute informally, any claim, dispute, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in a court of law. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Consumer Arbitration Rules. The arbitration shall be held in Albuquerque, New Mexico, or at another mutually agreed location, or may be conducted by telephone or videoconference at your election for claims under $25,000. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope and enforceability of this arbitration provision. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Class Action Waiver: YOU AND SMAGPIE COACHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY ACTION. Unless both you and Smagpie Coaching agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. Exceptions: Notwithstanding the above, either party may: (a) bring an individual action in small claims court for Disputes within the jurisdictional limits of such court; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. 30-Day Opt-Out Right: You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to legal@smagpie.com within thirty (30) calendar days of first creating your Smagpie Coaching account. Your notice must include your name, account email address, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions. If you timely opt out, you will not be bound by this arbitration provision and may pursue claims in court. Opting out will not affect any other provisions of these Terms. Arbitration Fees: Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of fees will be governed by the AAA Rules generally.

These Terms of Service and any Dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, consistent with the Federal Arbitration Act, and without regard to New Mexico’s conflict-of-law principles. To the extent that any action is permitted to be brought in court (as provided in the Dispute Resolution section above), you and Smagpie Coaching irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico for all such actions. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

We may update these Terms of Service from time to time. For any changes: (1) we will email registered account holders at least 30 days before changes take effect; (2) material changes — defined as changes affecting data handling, pricing, user rights, dispute resolution, limitation of liability, or indemnification obligations — will include a plain-language summary of what changed and why; (3) continued use of the Services after the effective date constitutes acceptance of the updated Terms; (4) if you disagree with the changes, you may export your data and close your account before the effective date at no penalty. The date of last revision is always displayed at the top of this page. Non-material changes (such as typographical corrections, formatting updates, or clarifications that do not alter the meaning of any provision) may be made without advance notice but will still be reflected in an updated revision date.

These Terms of Service, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Smagpie Coaching regarding the Services and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether oral or written. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The failure of Smagpie Coaching to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Smagpie Coaching may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice or consent. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Smagpie Coaching. Any purported assignment in violation of this section shall be null and void. The section headings in these Terms are for convenience only and have no legal or contractual effect. Any notice required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email to the address associated with your account (for notices to you) or to legal@smagpie.com (for notices to us), or one (1) business day after being sent by nationally recognized overnight courier.