Terms of Service

Effective Date: December 20, 2024

Last Updated: December 20, 2024

Version: 1.0

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These Terms of Service (“Terms”) govern your access to and use of SubThreshold (the “Service”), a web application for generating Norwegian Singles Method (NSM) training plans for runners.

SubThreshold is operated from Australia and these Terms are governed by Australian law.

By accessing or using SubThreshold, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, accessing, or using SubThreshold, you agree to be bound by:

  • These Terms of Service
  • Our Privacy Policy
  • All applicable laws and regulations

1.2 Age Requirements

  • You must be at least 13 years old to use SubThreshold
  • If you are between 13 and 18, you must have parental consent
  • By using the Service, you represent that you meet these age requirements

1.3 Changes to Terms

We may modify these Terms at any time. When we do, we will:

  • Update the “Last Updated” date
  • Notify you via email and/or a dashboard notice
  • Provide at least 30 days notice for material changes

Your continued use after changes become effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and delete your account.

2. User Accounts

2.1 Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your password
  • You are responsible for all activities under your account
  • You must notify us immediately of any unauthorized access

2.2 Account Restrictions

  • One account per person
  • Accounts are non-transferable
  • You may not share your account credentials
  • You may not create an account using false information

2.3 Account Security

You are solely responsible for maintaining the security of your account. SubThreshold is not liable for any loss or damage from your failure to maintain account security.

3. Acceptable Use

3.1 Permitted Use

You may use SubThreshold to:

  • Generate and manage NSA training plans
  • Calculate pace and power zones
  • Sync workouts to Intervals.icu (if connected)
  • Track training compliance

3.2 Prohibited Activities

You may NOT:

  • Use automated tools (bots, scrapers) to access the Service
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the Service
  • Upload malicious code (viruses, malware, etc.)
  • Harass, abuse, or harm other users
  • Violate any applicable laws or regulations
  • Use the Service for any illegal purpose
  • Impersonate another person or entity
  • Interfere with the proper functioning of the Service
  • Bypass rate limits or usage restrictions

3.3 Consequences

Violation of these terms may result in:

  • Warning and request to cease prohibited activity
  • Temporary suspension of your account
  • Permanent termination of your account
  • Legal action if applicable

4. Intellectual Property

4.1 SubThreshold's Rights

SubThreshold owns all rights to:

  • The SubThreshold application, code, and design
  • The SubThreshold name, logo, and branding
  • All content we create (documentation, help articles, etc.)

4.2 Your Rights

You retain all rights to:

  • Your personal training data (VDOT, workout history, etc.)
  • Training plans you generate using SubThreshold
  • Any content you create within the Service

4.3 NSM Methodology

The Norwegian Singles Method (NSM) training methodology is in the public domain. SubThreshold does not claim ownership of the NSM methodology itself, only our implementation of it.

4.4 License to SubThreshold

By using the Service, you grant SubThreshold a limited, non-exclusive license to:

  • Display your training data within the application
  • Process your data to provide the Service
  • Store your data on our servers

This license terminates when you delete your account.

4.5 Restrictions

You may NOT:

  • Copy, modify, or create derivative works of SubThreshold
  • Use our branding or trademarks without permission
  • Remove copyright notices or proprietary markings

5. Service Availability

5.1 No Guarantee of Uptime

We strive to keep SubThreshold available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance
  • Emergency repairs
  • Technical difficulties
  • Third-party service outages

5.2 Service Modifications

We reserve the right to:

  • Modify or discontinue features at any time
  • Change pricing (currently free)
  • Update the Service with bug fixes and improvements

We will provide reasonable notice for material changes, but are not liable for any disruption caused by modifications.

5.3 No Warranty

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.4 Australian Consumer Law

For Australian Users: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other Australian law which cannot lawfully be excluded, restricted, or modified.

To the extent permitted by law, our liability for breach of any non-excludable guarantee, warranty, or condition is limited to, at our option:

  • Re-supplying the services; or
  • Paying the cost of having the services supplied again

6. Training Disclaimer

IMPORTANT - READ CAREFULLY

Training plans are suggestions, not medical advice. Consult a doctor before starting any training program.

6.1 Not Medical Advice

  • SubThreshold provides training suggestions, not medical or health advice
  • Training plans are based on general principles, not personalized coaching
  • We are not doctors, physical therapists, or certified coaches
  • Always consult a healthcare professional before starting a training program

6.2 User Responsibility

YOU are responsible for:

  • Assessing your own fitness level and health status
  • Determining whether training plans are appropriate for you
  • Modifying workouts based on how you feel
  • Stopping training if you experience pain or injury
  • Seeking medical attention if needed

6.3 Assumption of Risk

Running and endurance training carry inherent risks, including but not limited to:

  • Muscle strains, sprains, and other soft tissue injuries
  • Stress fractures and bone injuries
  • Cardiovascular events
  • Heat illness or hypothermia
  • Falls and accidents

BY USING SUBTHRESHOLD, YOU ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH TRAINING AND RUNNING.

6.4 No Liability for Injuries

SUBTHRESHOLD IS NOT LIABLE FOR ANY INJURIES, HEALTH ISSUES, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICE OR FOLLOWING TRAINING PLANS GENERATED BY THE SERVICE.

7. Limitation of Liability

7.1 No Liability for Harm

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, SUBTHRESHOLD SHALL NOT BE LIABLE FOR:

  • Personal injury, illness, or death resulting from training
  • Data loss or corruption
  • Lost profits or business opportunities
  • Indirect, incidental, or consequential damages
  • Damages from third-party services (Intervals.icu, etc.)

7.2 Maximum Liability

In no event shall SubThreshold's total liability exceed the amount you have paid to SubThreshold in the past 12 months. Since the Service is currently free, this means our maximum liability is $0 (zero dollars).

7.3 Third-Party Services

We are not responsible for:

  • Intervals.icu downtime, data loss, or service issues
  • Errors in syncing workouts to third-party platforms
  • Third-party privacy practices

7.4 User Backup Responsibility

While we maintain regular backups, YOU are responsible for maintaining your own backups of important data. We are not liable for data loss.

7.5 Australian Consumer Law

Nothing in this section excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or other applicable Australian consumer protection laws that cannot be lawfully excluded.

8. Integration Terms

8.1 Intervals.icu Integration

  • Integration is optional - you are not required to connect Intervals.icu
  • You must have an Intervals.icu account to use this feature
  • You must comply with Intervals.icu's terms of service
  • We only push workouts you explicitly choose to sync
  • SubThreshold is not responsible for Intervals.icu service issues

8.2 Your Responsibilities

When using integrations, you are responsible for:

  • Maintaining valid accounts with third-party services
  • Complying with third-party terms of service
  • Understanding how data is shared between services
  • Revoking access if you no longer want integration

8.3 Integration Modifications

We may:

  • Add or remove integrations at any time
  • Modify how integrations work
  • Suspend integrations if technical issues arise

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

  • Going to Settings → Account → Delete Account
  • Contacting us via our feedback form

Upon termination, all your data will be deleted within 30 days.

9.2 Termination by SubThreshold

We may suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • Your account has been inactive for 2+ years
  • We are required to do so by law

We will provide notice before termination unless legally prohibited.

9.3 Effect of Termination

Upon account termination:

  • You lose access to your account and data
  • All your data is deleted within 30 days
  • These Terms no longer apply to you
  • Sections that should survive (Limitation of Liability, etc.) remain in effect

9.4 No Refunds

Since SubThreshold is currently free, there are no refunds. If we introduce paid features in the future, refund policies will be clearly stated.

10. Dispute Resolution

10.1 Informal Resolution

Before filing a formal dispute, please contact us via our feedback form to attempt informal resolution. Most disputes can be resolved this way.

10.2 Governing Law

These Terms are governed by the laws of Australia and the State of Victoria, without regard to conflict of law principles.

10.3 Jurisdiction

Any legal action arising from these Terms must be filed in the courts of Victoria, Australia. You consent to the exclusive jurisdiction of these courts.

10.4 Time Limit for Claims

Subject to any statutory rights that cannot be excluded, you must bring any claim within one (1) year of the event giving rise to the claim, or the claim is waived.

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SubThreshold regarding the Service.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full effect.

11.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

11.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations to another entity (e.g., in case of acquisition).

11.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, etc.).

12. Contact Information

For questions about these Terms, please contact us:

Contact: Feedback Form

Location: Australia

Response Time: We will respond within 7 business days

By using SubThreshold, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You accept all risks associated with training
  • You are responsible for your own health and safety
  • These Terms are governed by Australian law