Legal Terms, Policies & Agreements

1. Terms of Service

1.1 Acceptance & Eligibility

By accessing, registering for, or using any service, program, product, or website ("Services") of Breno Melo Endurance Coaching LLC ("we," "us," "our"), you ("you," "client," "athlete," or "user") affirmatively agree to all terms, waivers, policies, and notices herein. If you do not agree, do not use our Services.

Services are for individuals aged 18 and over or, if under 18, with written parental/guardian consent. You represent you are legally allowed to enter this agreement in your jurisdiction.

1.2 Account Registration & Security

You must provide accurate, complete information at registration and keep your credentials secure. You are responsible for any activity under your account. Notify us immediately of unauthorized access.

1.3 Personal Use Only / No Resale

Services are for your personal, non-commercial use. No copying, redistribution, resale, reverse engineering, or commercial use of content, plans, software, tools, or intellectual property without express written consent.

1.4 Communications & Response

You may communicate with your coach via text, email, phone, TrainingPeaks, Calendly, or other supported apps.

Standard response time:

• Premium plans: 1 business day
• Basic plans: 3 business days

For urgent matters, use "URGENT" in your message. Communications may be monitored for quality or training purposes.

1.5 Right to Refuse or Suspend Service

We reserve the right to refuse, suspend, or terminate any account or service at any time and for any lawful reason, including but not limited to technical outages, safety concerns, non-payment, or violation of these terms. If we cancel for reasons other than violation, any unearned prepaid fees will be refunded pro-rata.

1.6 Independent Contractor Status

Your coach is an independent contractor. Nothing in these Terms creates an employer-employee, agency, partnership, or joint venture relationship between you and Breno Melo Endurance Coaching LLC or any coach.

1.7 Acceptable Use & No Supervision

You agree not to:

• Copy, use, distribute, or reverse-engineer our content, plans, or technology
• Impersonate others, misrepresent affiliation, commit fraud, or violate any law
• Attempt to access, disrupt, or interfere with our systems or user data
• Use our services for any commercial or illegal purpose

1.8 Third-Party Tools & International Use

We use and integrate with third-party platforms (TrainingPeaks, Shopify, Calendly, payment processors, etc.). We are not responsible for their content, security, or policies. Your use of those services is at your own risk and governed by their terms.

Our services may not be lawful or available in all locations. If you access our site or services outside Massachusetts or the U.S., you are responsible for local compliance.

2. Privacy Policy

2.1 Information We Collect

We collect various types of information to provide our Services effectively:

Information You Provide Directly:

• Contact and Account Information: Name, email, phone number, date of birth, mailing address, login credentials
• Profile and Fitness Information: Athletic background, age, gender, weight, height, fitness level, race history, training goals, health information (injuries, conditions, medications)
• Training Data: Workout statistics, heart rate, training load, mileage, race results, performance metrics
• Payment Information: Credit card details, billing address (processed securely through third-party providers)
• Communications: Emails, form submissions, chat messages, testimonials, survey responses

Information Collected Automatically:

• Technical Data: IP address, browser type, device type, operating system, location
• Usage Data: Pages viewed, links clicked, time spent, referring pages
• Cookies and Analytics: See Cookie Notice section for details

2.2 How We Use Your Information

• Deliver personalized coaching services and training plans
• Process transactions and manage accounts
• Communicate service updates and marketing (with opt-out options)
• Analyze usage and improve our offerings
• Comply with legal obligations and protect our business

2.3 Data Sharing

We do not sell your personal information. We may share data with:

• Service providers under contract (payment processors, hosting, analytics)
• Legal authorities when required by law
• Business transfers (with notice to users)
• With your consent (testimonials, referrals)

2.4 Your Privacy Rights

You have the right to:

• Access and correct your personal information
• Request deletion of your data
• Opt-out of marketing communications
• Request data portability
• Object to or restrict processing

To exercise these rights, email breno@brenoamelo.com

2.5 Data Security & International Transfers

We use industry-standard security measures including encryption, access controls, and secure hosting. Data may be transferred to and processed in the United States.

2.6 Children's Privacy

Not for children under 13. Minors 13-17 require parental consent. If we discover we've collected data from a child under 13, we will delete it promptly.

3. Cookie Notice

We use cookies and similar technologies for:

• Essential functionality: Login sessions, security
• Analytics: Understanding site usage (Google Analytics)
• Marketing: Interest-based advertising (with opt-out options)

You can control cookies through:

• Browser settings
• Google Analytics Opt-Out
• Network Advertising Initiative Opt-Out
• Digital Advertising Alliance Opt-Out

4. Medical Disclaimer, Waiver & Assumption of Risk

Assumption of Risk

By using any services, training plans, advice, or content provided by Breno Melo Endurance Coaching LLC, you acknowledge and agree that:

1. You understand and expressly accept that participation in endurance training involves inherent risks, including but not limited to muscle strains, sprains, injury, illness, accidents, or death.
2. You are solely responsible for your own safety, health, actions, environment, and decisions before, during, and after all training or events.

No Medical Advice

All content, plans, and communications are for informational and educational purposes only and do not constitute medical advice. You agree to:

• Consult your physician before beginning or changing any exercise program
• Stop and seek medical attention if you experience pain, illness, or abnormal symptoms

No Supervision

The Company, its coaches, and contractors do not supervise your activities, are not present during your training, and cannot monitor your real-time health or safety.

No Guarantee of Results

The Company makes no warranties regarding specific results, achievements, race qualification, or any particular outcome. Individual results depend on many factors outside the Company's control.

Release of Liability

To the fullest extent permitted by law, you voluntarily release, waive, and discharge Breno Melo Endurance Coaching LLC from any and all liability, claims, demands, damages, losses, costs, or causes of action arising from your participation, whether arising from Company negligence or otherwise.

Indemnification

You agree to indemnify and hold harmless the Company from any and all liability resulting from your use of services, your actions, or your violation of these terms.

If Under 18

A parent or legal guardian must consent and agrees to all terms on behalf of the minor.

5. Payment & Billing Policy

Recurring Billing

• Coaching services are billed every 4 weeks, monthly, or annually
• Automatic charges occur at the start of each billing cycle
• One-time fees are charged in full at purchase

Accepted Payment Methods

All major credit/debit cards, Venmo, PayPal, Apple Pay, Google Pay, Amazon Pay, and other options via Shopify.

Delinquent Payments

• $20 late fee if unpaid within 7 days
• Services may be suspended after 30 days overdue
• You authorize recurring charges until cancellation

Startup Fee (1-1 Coaching Only)

• $150 fee, waived if you complete 3 consecutive billing cycles (12 weeks)
• If cancelled within 3 cycles, startup fee charged retroactively
• Upgrading in first 4 weeks applies fee as credit to new plan

No Refunds

Fees for current cycles, startup, or annual plans are non-refundable except as required by law or for documented exceptional circumstances.

6. Coaching Commitment & Cancellation Policy

Minimum Commitment

New 1-on-1 coaching athletes commit to at least 20 weeks. If cancelling within first 20 weeks, you're financially responsible for the full 20-week period.

Cancellation Notice

• 30 days written notice required
• One more billing cycle will occur after notice
• Coaching continues through paid period

How to Cancel

Email notice at least 30 days in advance. Communicate with your coach to address any concerns first.

7. Coaching Hold Policy

Standard Hold

• Up to 56 days (once per calendar year)
• 28 days advance notice required
• Retains current coaching rate
• No billing during hold

Coach Availability

We'll make every effort to have the same coach resume with you. If unavailable, we'll match you with another qualified coach.

8. Medical/Injury Suspension Policy

Extended Medical Hold

• Up to 112 days for injury, illness, pregnancy, or medical conditions
• Does not count against annual hold limit
• Written request required; physician's note may be requested
• Billing paused during hold

Parental Leave

Custom support available for pregnancy, conception, or postpartum athletes—no penalty for pausing or adjusting your plan.

9. Media & Testimonial Release

By providing testimonials, reviews, photos, or feedback, you grant us perpetual, royalty-free rights to use, edit, publish, and display them for marketing purposes in any media.

• No compensation required
• You waive inspection/approval rights
• To opt out of future use, email breno@brenoamelo.com

10. Copyright / DMCA Notice

All content, plans, software, and materials are property of Breno Melo Endurance Coaching LLC or its licensors. Unauthorized use is prohibited.

To report copyright infringement, email breno@brenoamelo.com with details per 17 U.S.C. § 512.

11. Limitation of Liability & Indemnification

Limitation

Maximum aggregate liability is the total you paid in the 12 months before the incident. No liability for indirect, incidental, punitive, or consequential damages.

Indemnification

You agree to indemnify and hold harmless Breno Melo Endurance Coaching LLC from all claims arising from your use of services or violation of these terms.

12. Dispute Resolution & Governing Law

• Disputes resolved by binding individual arbitration in Suffolk County, Massachusetts
• You waive jury trial and class action rights
• Opt out of arbitration within 30 days by written notice
• Massachusetts law governs all agreements

Additional Provisions

Force Majeure

Not liable for delays due to events beyond our control (natural disasters, strikes, technical failures, etc.)

Assignment

We may assign our rights; you may not without written consent.

Entire Agreement

These documents constitute the full agreement and supersede prior agreements. We may update terms by posting to website.

Accessibility

For alternative formats, email breno@brenoamelo.com