Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Trackside Athletics LLC, a Utah limited liability company doing business as EVAD ("EVAD", "we", "us"), governing your use of the EVAD mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use EVAD, or at least 16 years old if you are in the European Economic Area. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian. By using EVAD you confirm you meet these requirements.

2. The Service

EVAD generates a personalized, periodized training program and daily focus goals from the information you provide (sport, event, goals, schedule, equipment, and personal records) and helps you log workouts and track progress. Programs and goals are produced with the assistance of AI and are grounded in established coaching principles, but they are generated automatically and may contain errors.

3. Not medical or professional advice

EVAD is a fitness and training tool, not a medical service. It does not provide medical, healthcare, nutritional, or professional coaching advice, and it is not a substitute for a physician, certified coach, or registered dietitian. Training carries inherent risk of injury. Consult a qualified professional before beginning any exercise or nutrition program, and stop and seek care if you experience pain, dizziness, or injury. You assume all risk arising from your training. You acknowledge the health, injury, and nutrition disclaimers presented in the app.

4. Your account

You are responsible for safeguarding your login credentials and for all activity under your account. Provide accurate information and keep it current. Notify us promptly of any unauthorized use. We may verify your email address before granting full access.

5. Acceptable use

You agree not to: (a) misuse, overload, probe, or attempt to bypass the Service's security, rate limits, or authentication; (b) access the Service by automated means (bots, scrapers) except as expressly permitted; (c) attempt to manipulate or extract the underlying AI prompts or models; (d) reverse engineer, resell, or commercially exploit the Service; (e) upload unlawful, infringing, or harmful content; or (f) use the Service to violate any law.

CREW has a zero-tolerance policy for objectionable content and abusive behavior. When you post, comment, choose a handle or display name, or write a bio, you agree not to submit content that: is hateful, harassing, bullying, or threatening; targets anyone on the basis of race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, or age; is sexually explicit, or sexualizes a minor in any way; depicts or promotes violence, self-harm, suicide, disordered eating, or drug abuse including performance-enhancing drugs; is unlawful, infringing, deceptive, or spam; impersonates another person; or discloses someone else's private information. EVAD's athletes include minors, and we enforce this accordingly.

6. Your content and CREW

You retain ownership of the content you create in EVAD (profile details, logged workouts, journal entries, notes, and anything you post to CREW). You grant us a limited license to store, process, and display that content solely to operate and provide the Service to you, including routing the necessary training context to our AI provider to generate your program. See our Privacy Policy for how data is handled.

When you post to CREW you additionally grant us a non-exclusive, royalty-free license to host, store, reproduce, and display that content to the athletes you have approved as followers, and to make the copies needed to operate, back up, and moderate the feed. This license exists only to run CREW: we do not sell your content, use it in advertising, or display it outside CREW. It ends when you delete the content or your account, apart from copies we must briefly retain to complete backups or to comply with law.

You are responsible for what you post and you confirm you have the right to post it. Captions, comments, handles, display names, and bios pass a filter before they are published, and every post, comment, and profile can be reported in the app and its author blocked. We may remove or hide any content that breaks these Terms or the CREW Community Guidelines, and we may suspend or terminate the account behind it — without prior notice where the content is severe. We aim to acknowledge reports within 24 hours and resolve them within 72, and you can appeal a removal using the contact route in the Community Guidelines.

You can delete any post or comment you posted at any time, and deleting your account removes your CREW content along with the rest of your data.

7. Intellectual property

The Service — including the app, its design and software, the Coach EVAD character, and the underlying program-generation system, prompts, and templates — is owned by EVAD and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own, non-commercial training. The training program we generate for you is yours to train on, keep, and export: this section covers the system that produces programs, not your copy of your plan. We reserve all rights not expressly granted.

8. Payments

EVAD is free. This version has no paid features, subscriptions, or in-app purchases, and we do not collect or store payment details. If we introduce paid features later, we will publish updated Terms describing them before they go on sale, and any purchase would be processed by Apple through in-app purchase under Apple's terms.

9. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated programs will fit your needs or produce any particular result.

10. Limitation of liability

To the fullest extent permitted by law, EVAD and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or for personal injury arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the 12 months before the claim or USD $50.

11. Indemnification

You agree to indemnify and hold harmless EVAD from any claims, damages, or expenses arising out of your misuse of the Service or violation of these Terms.

12. Termination

You may stop using the Service and delete your account at any time (Profile → Settings → Delete Account), which permanently erases your data. We may suspend or terminate access if you violate these Terms or to protect the Service. Sections that by their nature should survive termination (e.g. 6–11 and 14) will survive.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date, and where appropriate we will provide additional notice. Continued use after changes take effect constitutes acceptance.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

Talk to us first. Most disputes can be settled without a formal proceeding. Before starting arbitration or filing in court, send a written description of your claim and the relief you want to evad.training.support@gmail.com. We will do the same for any claim we have against you. If we cannot resolve it within 60 days, either of us may proceed.

Binding individual arbitration. If we cannot resolve a dispute informally, you and EVAD agree to resolve it through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration is less formal than a lawsuit: there is no judge or jury, and review of the decision is limited. The arbitrator can award the same individual relief a court could. Arbitration will take place in the county where you live, or remotely by phone or video, at your choice.

No class actions. You and EVAD agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. You and EVAD each waive the right to a jury trial.

What this does not cover. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court for an injunction to stop infringement or misuse of intellectual property. Nothing here prevents you from reporting a concern to a government agency.

Costs. For any claim you bring under these Terms, EVAD will pay the arbitration filing, administration, and arbitrator fees that exceed what it would have cost you to file the same claim in court, unless the arbitrator determines your claim is frivolous.

Opting out. You can decline this arbitration agreement and keep everything else in these Terms. Email evad.training.support@gmail.com with your name and the email on your account, saying you are opting out of arbitration, within 30 days of the date we first present these Terms to you for acceptance or otherwise directly notify you of this section. Until we give you that notice, your 30 days have not started, and we will not treat the arbitration agreement in this section as applying to you. We will not treat you differently for opting out.

If part of this does not hold. If the class-action waiver is found unenforceable as to a particular claim, that claim alone will proceed in court and the rest of this section still applies to every other claim. If you opt out, or if the arbitration agreement is found unenforceable, disputes will be resolved in the state or federal courts located in Utah, and you consent to their jurisdiction.

15. Contact

Questions about these Terms: evad.training.support@gmail.com