Terms of Service

Aerobic Analytics LLC ("Aerobic Analytics," "we," "our," or "us") owns and operates:

icanSwimFast.com, DoZACoaching.com, AerobicAnalytics.com and related websites (collectively, the "Sites")
SwimFast Monthly Coaching (remote swim-coaching)
DoZA Monthly Coaching (remote triathlon-coaching)
SwimFast Programming App (workout-builder software)

These Terms form a legally binding agreement between Aerobic Analytics (a Wyoming LLC) and you ("you," "your," "Member," or "User") governing your access to and use of our Sites, mobile or web applications ("Apps"), and all coaching or software services we provide (collectively, the "Services").

1. Acceptance & Eligibility

1.1 By creating an account, purchasing a subscription, clicking "I Agree," or otherwise using any Service, you:

confirm you are at least 18 years old and have capacity to contract;
accept these Terms and our Privacy Policy; and
agree to comply with all applicable laws and regulations.

1.2 If you access the Services on behalf of a company, team, or other entity, you represent that you have authority to bind that entity, and "you" includes the entity.

2. Definitions

A concise definitions section is provided in Appendix A for convenience.

3. Services Overview & Medical Disclaimer

3.1 The Services include—but are not limited to—remote coaching, customized training plans, video-analysis feedback, educational content, a workout-programming platform for coaches, and integrations with third-party fitness APIs (e.g., Garmin Connect, Circle.so TrainingTilt, TrainingPeaks, Stripe payments).

3.2 No Medical Advice. All training, nutrition, and wellness information is provided for general educational purposes only and is not a substitute for professional medical advice. Always consult a physician before beginning a new exercise program. Use of the Services is entirely at your own risk.

4. Account Registration & Security

4.1 You must provide accurate, current, and complete information when creating an account ("Account").
4.2 You are responsible for safeguarding your login credentials. Notify us immediately of any unauthorized use. We are not liable for losses arising from unauthorized activity unless caused by our gross negligence.
4.3 We may suspend or terminate your Account for violations of these Terms or suspected improper use.

5. Subscriptions, Fees & Billing

5.1 Pricing is listed on our Sites in U.S. dollars unless stated otherwise. We reserve the right to change pricing on at least 30 days' notice.
5.2 Payment Processing. All card payments are processed by Stripe, Inc. You authorize Aerobic Analytics to charge your selected payment method for subscription fees, taxes, and any other charges incurred. Your use of Stripe's checkout experience is also governed by the Stripe Services Agreement.
5.3 Auto-Renewal. Subscriptions renew automatically every 28 days until cancelled. You may cancel any time in the customer portal or by emailing billing@aerobicanalytics.com at least three (3) business days before the next renewal.
5.4 Refunds. Except where required by law or expressly stated, all payments are non-refundable. See Appendix B for the full Refund Policy.
5.5 You are responsible for any sales, VAT, GST, or similar taxes unless we are legally required to collect them.

6. Third-Party Integrations

6.1 Garmin Connect. If you connect a Garmin account, we will access activity and wellness data solely to deliver coaching analytics. You may revoke access at any time in Garmin Connect; after revocation, we delete stored Garmin data within 30 days in accordance with the Garmin Developer Program Agreement.
6.2 Additional integrations (e.g., TrainingPeaks, Apple Health, Google Fit) are optional. Use of any third-party platform is subject to that provider's separate terms and privacy policy.
6.3 We make no warranties about, and assume no liability for, third-party platforms. Issues arising from third-party outages are outside our control.

7. User Conduct

You agree not to:

post defamatory, obscene, or infringing content;
upload viruses or malicious code;
reverse-engineer any portion of the Services;
use automated scripts to scrape or data-mine;
impersonate another individual or entity; or
violate any applicable law.

We may remove content or suspend accounts that violate these rules.

8. Intellectual Property

8.1 All software, text, images, video, graphics, and other materials provided by Aerobic Analytics ("Company Content") are protected by copyright, trademark, and other laws. Except for the limited license in §8.2, no right, title, or interest is transferred to you.
8.2 We grant you a non-exclusive, revocable, non-transferable license to access Company Content for personal, non-commercial use, subject to these Terms.
8.3 You retain ownership of content you upload but grant Aerobic Analytics a worldwide, royalty-free license to use, reproduce, and display that content solely to operate and improve the Services.

9. Availability & Support

We target 99% uptime but do not guarantee uninterrupted service. Planned maintenance or unexpected outages may occur. Support inquiries can be sent to support@aerobicanalytics.com.

10. Disclaimers

10.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 We do not guarantee any specific fitness or performance outcome.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AEROBIC ANALYTICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE FEES YOU PAID IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain exclusions; where prohibited, portions of this section may not apply.

12. Indemnification

You agree to defend, indemnify, and hold harmless Aerobic Analytics and its affiliates from any claim, damage, obligation, or expense (including reasonable attorneys' fees) arising out of:

your use or misuse of the Services;
your breach of these Terms; or
your violation of any third-party right.

13. Cancellation, Termination & Survival

13.1 Either party may terminate these Terms at any time for convenience by providing written notice. Cancelled subscriptions remain active until the end of the current billing cycle.
13.2 We may suspend or terminate your access immediately for material breach.
13.3 Upon termination, Sections 8, 10–13, 15–18 survive.

14. Modifications to Services & Terms

We may modify the Services or these Terms. Material changes will be notified by email or prominent notice at least seven (7) days before taking effect. Continued use after the effective date constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles.

16. Dispute Resolution & Arbitration

16.1 Informal Process. Contact us first to resolve any dispute informally at support@aerobicanalytics.com.
16.2 Binding Arbitration. If we cannot resolve the dispute within 30 days, either party may require arbitration administered by JAMS in accordance with its Rules. The seat of arbitration shall be Cheyenne, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class-Action Waiver. Disputes must be brought on an individual basis; class actions are not permitted.

17. International Users

If you access the Services from outside the U.S., you are responsible for local law compliance. Residents of the EU/UK may have additional consumer rights under local law; nothing in these Terms limits those rights.

18. Contact

Aerobic Analytics LLC
1021 E Lincolnway Suite 8457
Cheyenne, WY 82001
Email: support@aerobicanalytics.com