Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "User") and Vici Performance Inc., a Delaware corporation ("Vici," "we," "us," or "our"), governing your use of the Vici mobile application, the website at vici.run, and all related services and content (collectively, the "Service").

Affirmative Acceptance. You accept these Terms by (a) clicking, tapping, or otherwise affirming agreement during account creation; or (b) accessing or using any part of the Service. If you do not agree to these Terms, do not access or use the Service.

Acceptance on Behalf of Another. If you accept these Terms on behalf of another person or entity, you represent that you have the legal authority to bind that person or entity.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal data.

2. Service Description

Vici is an AI-powered running coach that provides personalized training guidance. The Service includes:

• Personalized Coaching Feed: AI-generated coaching insights, training recommendations, and daily check-ins delivered through a conversational feed
• AI Training Plans: Periodized training plans tailored to your fitness level, goals, and race schedule
• Performance Analysis: Vici Score, pace zone calculations, and training load monitoring based on your activity data
• Ask Vici: Conversational AI coaching where you can ask questions and get personalized guidance
• Wellness & Recovery Tracking: Daily wellness check-ins and recovery assessment using data from connected devices
• Activity Journaling: AI-assisted reflection on your training activities
• Third-Party Integrations: Connections to fitness platforms for automatic activity syncing and health data

The Service is currently provided free of charge. We reserve the right to introduce paid features or subscription tiers in the future, with advance notice to users.

AI-Generated Content

Training plans, coaching insights, and recommendations are produced by automated systems, not human coaches. While our AI uses established training science, all outputs are algorithmic suggestions. AI may produce inaccurate, incomplete, or inappropriate output. You are responsible for evaluating all AI-generated content using your own judgment and consulting qualified professionals before acting on it.

Personal, Non-Commercial Use Only

The Service is licensed to you for your personal, non-commercial use only. You may not use the Service, its outputs, or any part of it for any commercial purpose, including providing coaching services to others, training other users on a paid basis, or incorporating the outputs into a competing product.

3. Eligibility

You must be at least 16 years old to use Vici. By creating an account, you confirm that you are at least 16 years of age. This minimum reflects (a) the digital-consent age under GDPR in the jurisdictions where Vici operates, and (b) our determination that training recommendations are best suited to runners whose physiology is approaching adult adaptation.

If you are under 16, please do not use Vici or submit any personal information. Users under 18 should consult a parent, guardian, coach, or healthcare professional before following any training plan. By using the Service, you also represent that you are not located in, and not a resident of, any country subject to a comprehensive U.S. embargo, and that you are not on any U.S. government list of restricted or prohibited parties.

4. Account Registration & Security

• Accurate Information: You must provide accurate and complete information when creating your account, and keep it up to date
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account
• One Account: Each person may maintain only one account. Automated or bot-driven account creation is prohibited
• Notification: You must notify us immediately at support@vici.run if you suspect unauthorized access to your account
• Account Upon Death or Incapacity: Vici accounts are personal and non-transferable. In the event of a User's death or incapacity, an executor, administrator, or legal representative may request data export or account deletion by emailing support@vici.run with appropriate documentation. We do not provide live access to a deceased User's account

5. Connected Third-Party Services & Wearable Data

Vici integrates with third-party fitness platforms and devices ("Connected Platforms") to sync your training data. Current integrations:

• Strava: Activities (distance, duration, splits, pace, heart rate, GPS routes, elevation), performance data, race history, and athlete profile
• Apple Health (HealthKit) — beta: Workouts, heart rate, HRV, sleep stages, active energy, resting energy, and other fitness data you choose to share. Available to select users in beta release
• WHOOP — beta: Recovery scores, HRV, sleep data, strain metrics, and cycles. Available to select users in beta release

We may add support for additional platforms in the future. Each integration requires your explicit authorization (typically via OAuth 2.0 or HealthKit permissions) and is also governed by that platform's own terms of service and privacy policy. You can connect or disconnect any integration at any time from your account settings, and you can revoke access directly through the connected platform (e.g., your Strava account settings, your iPhone Settings → Privacy & Security → Health).

Our Commitments to Connected Platforms

When you connect a platform, you grant Vici permission to access your data on that platform under the following commitments:

• Personal Coaching Only. We use your Connected Platform data solely to provide coaching, plan generation, and analysis for your individual account. We do not display or disclose your Connected Platform data to other Vici users
• No AI/ML Training. We do not use Connected Platform data, in any form (including aggregated or de-identified), to train, fine-tune, develop, or improve any artificial intelligence or machine-learning model. AI providers we work with (e.g., Google, Anthropic) process your data on an inference-only basis under data processing agreements that prohibit training on customer inputs
• No Advertising or Marketing. We do not use Connected Platform data — including data from Strava, Apple Health (HealthKit), or WHOOP — for advertising, marketing, or use-based data mining, whether by us or any third party
• No Selling. We do not sell, rent, license, lease, or otherwise make Connected Platform data available to any third party (including advertisers or data brokers) in exchange for monetary or other consideration, even with your consent
• No Aggregation or Analytics. We do not process or disclose Connected Platform data — including in aggregated or de-identified form — for analytics, customer-insights generation, product or service improvements, or benchmarking
• Deletion Sync. If you delete an activity or data point from a Connected Platform, we will remove the corresponding data from our active systems within forty-eight (48) hours. If you disconnect a Connected Platform, we will delete all data we received from that platform within a reasonable period (typically thirty (30) days), except where retention is required by law or to resolve disputes
• Cache Limits. We comply with each Connected Platform's caching limits. Strava data, in particular, is not cached longer than seven (7) days for any non-essential lookup
• OAuth Token Security. We treat OAuth tokens and API credentials as confidential. If we discover that an OAuth token or API key has been compromised, we will notify the affected platform within twenty-four (24) hours of discovery, in addition to notifying affected users as required by law
• Brand Compliance. We comply with each Connected Platform's brand and attribution guidelines (e.g., Strava's API Brand Guidelines)
• No Charging for Integration. We do not charge you for access to or use of any Connected Platform's API or data. Connected Platform integrations are part of the free Service
• Platform Terms Supremacy. Where a Connected Platform's terms or privacy policy impose stricter obligations than these Terms with respect to that platform's data, the Connected Platform's terms control with respect to that data
• Scope Changes. If we expand the categories of data we collect from a Connected Platform, we will notify you and obtain your renewed consent before doing so

Wearable Data Is Not Medical-Grade

6. Health & Safety Disclaimer

7. Assumption of Risk & Release of Claims

8. Intellectual Property

• Our Technology: The Service, including its AI models, training algorithms, coaching logic, prompts, datasets, user interface, designs, source code, trademarks, and all associated intellectual property, are owned by Vici Performance Inc. or its licensors and protected by applicable copyright, trademark, trade secret, and other intellectual property laws
• Your Data: You retain full ownership of your personal data, training data, and any content you create within the Service
• License to Us: By using the Service, you grant Vici a non-exclusive, worldwide, royalty-free license to use, host, store, process, transmit, and display your data solely for the purposes of providing, securing, and improving the Service, as described in our Privacy Policy
• License to You: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved
• Trademarks: "Vici," "Vici Performance," the Vici logo, "Vici Score," "Ask Vici," and other Vici marks are trademarks of Vici Performance Inc. You may not use any Vici trademark without our prior written permission

9. User-Generated Content

You may create content within the Service, including journal entries, coaching conversations (Ask Vici), and wellness check-in responses ("User Content").

• Ownership: You retain ownership of your User Content
• Processing License: You grant Vici a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (e.g., for translation or formatting), and process your User Content using AI for the purpose of providing personalized coaching and operating the Service
• Aggregated & De-Identified Data: We may use de-identified and aggregated data derived from User Content to develop, improve, and evaluate our AI models and the Service generally. De-identified and aggregated data is not personal data and is not subject to deletion requests
• No Sharing: Individual User Content is never shared with other users or sold to third parties. Disclosures to AI providers, fitness platforms, and service providers are limited to the purposes described in our Privacy Policy
• Your Representations: You represent that your User Content does not (a) infringe any third party's intellectual property or privacy rights; (b) contain unlawful, threatening, or harassing material; or (c) contain malware

10. Acceptable Use

You agree not to:

• Misuse the Service: Use the Service for any unlawful purpose or in violation of these Terms
• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code, AI models, training data, prompts, or weights of the Service
• Scrape or Automate: Use automated means (bots, scrapers, crawlers, harvesters) to access the Service or extract data, or circumvent any rate limit or access control
• Train Competing Models: Use the Service or its outputs to develop, train, or improve any competing AI model, training-plan generator, or coaching product
• Interfere: Attempt to disrupt, overload, or impair the Service's infrastructure, security, or other users' use of the Service
• Probe or Penetration-Test Without Authorization: Probe, scan, or test the vulnerability of the Service or attempt to bypass any authentication or security mechanism without our prior written consent
• Impersonate: Misrepresent your identity, age, or affiliation with any person or organization
• Redistribute: Resell, sublicense, or commercially redistribute any part of the Service or its outputs

11. Termination

By You

You may close your account at any time through the app (Profile → Settings → Delete Account) or by contacting support@vici.run. Account deletion includes a 30-day grace period during which your data can be restored. After 30 days, all personal data is permanently deleted in accordance with our Privacy Policy.

By Vici

We may suspend or terminate your account, with or without notice, if you materially violate these Terms, engage in prohibited conduct, create a security or legal risk to Vici or other users, or fail to maintain a valid account. Where reasonable and lawful, we will provide notice and an opportunity to address the issue before termination.

Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 6 (Health & Safety Disclaimer), 7 (Assumption of Risk & Release of Claims), 8 (Intellectual Property), 9 (User-Generated Content, license to de-identified data only), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 17 (Apple App Store Terms), 21 (DMCA), 22 (California Notice), 23 (Export Controls & Sanctions), and 25 (General Provisions) survive termination.

12. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Disclaimer of Warranties

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless Vici Performance Inc. and the other Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law, regulation, or rights of any third party (including intellectual property and privacy rights); (d) your User Content; or (e) any injury, illness, death, or property damage resulting from any Training Activity undertaken by you in connection with the Service. Vici reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Vici in asserting any available defenses.

16. Dispute Resolution — Mandatory Arbitration & Class Action Waiver

16.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles, except that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of Section 16.

16.2 Informal Resolution Required

Before initiating any arbitration or other formal proceeding, you agree to first contact Vici in writing at support@vici.run with a brief description of the dispute and your contact information ("Notice of Dispute"). The parties will attempt to resolve the dispute informally for at least sixty (60) days after the Notice of Dispute is received. Neither party may commence arbitration before this informal-resolution period has elapsed. The statute of limitations and any AAA filing-fee deadlines are tolled during this period.

16.3 Binding Arbitration

If the dispute is not resolved through informal resolution, any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and Vici (a "Dispute") shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org). The arbitration shall be conducted in the English language by a single neutral arbitrator. The seat of arbitration is Wilmington, Delaware; you may, however, elect to participate by telephone or video conference, and in-person hearings will be held in the U.S. county where you reside if you so request. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute about the interpretation, scope, applicability, or enforceability of this arbitration agreement, except that disputes regarding the Class Action Waiver shall be decided by a court.

16.4 Class Action & Collective Action Waiver

You and Vici agree that each may bring disputes against the other only in an individual capacity, and not as a plaintiff, class member, or private attorney general in any purported class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may not award relief other than relief tailored to the individual claimant. If this Class Action & Collective Action Waiver is found to be unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought in a court of competent jurisdiction; all other Disputes will continue to be resolved through individual arbitration.

16.5 Mass Arbitration Procedures

To ensure orderly and efficient resolution where multiple claims are brought against Vici by a single law firm or coordinated group of claimants, the following procedures apply if 25 or more substantially similar arbitration demands are filed against Vici within a 30-day period and represented by the same or coordinated counsel ("Mass Arbitration"):

1. Bellwether Process. The claimants and Vici will each select up to ten (10) representative cases to be filed and arbitrated as bellwether proceedings. All other arbitration demands will be held in abeyance and will not accrue any AAA filing or administrative fees against Vici until the bellwether proceedings are complete
2. Stay of Limitations. The statute of limitations and any contractual limitation period are tolled for all claimants whose proceedings are held in abeyance until 90 days after the bellwether process concludes
3. Mediation After Bellwether. After completion of the bellwether proceedings, the parties will participate in good-faith global mediation with a neutral mediator before any additional arbitrations may proceed
4. Mass-Filing Bar. If a court determines this Section 16.5 to be unenforceable, the claims subject to it will be severed from arbitration and brought, if at all, in a court of competent jurisdiction in Wilmington, Delaware on an individual (not class) basis

This Section 16.5 is intended to ensure that mass-filing tactics do not deprive either party of a fair, individualized resolution of their claims.

16.6 Arbitration Opt-Out (30 Days)

You have the right to opt out of the arbitration agreement and class action waiver in this Section 16. To opt out, send a written notice to support@vici.run with the subject line "ARBITRATION OPT-OUT" within 30 days of first accepting these Terms (or, for existing Users on the date these Terms become effective, within 30 days of that effective date), and include your full name, email address associated with your Vici account, and a clear statement that you wish to opt out of arbitration. Opting out applies only to Section 16 of these Terms; the rest of these Terms continue to apply. Opting out will not affect any other agreements you may have with Vici.

16.7 Jury Trial Waiver

To the maximum extent permitted by applicable law, you and Vici waive any right to a trial by jury in any proceeding arising out of or related to these Terms or the Service, whether such proceeding is conducted in court or arbitration.

16.8 One-Year Limitation Period

To the maximum extent permitted by applicable law, any cause of action or claim you may have arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action or claim is permanently barred. This limitation does not apply where prohibited by applicable consumer protection law.

16.9 Exceptions

Notwithstanding this Section 16, either party may: (a) seek injunctive or other equitable relief in any court of competent jurisdiction (located in Wilmington, Delaware) to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (b) bring an individual claim within the jurisdiction of a small claims court instead of in arbitration, provided the claim remains in that court and is not removed or appealed to a court of general jurisdiction. The parties hereby submit to the personal jurisdiction of, and venue in, the state and federal courts located in Wilmington, Delaware for any matter not subject to arbitration.

17. Apple App Store & Other Distribution Platforms

If you obtained the Vici application from Apple's App Store, the following terms apply in addition to the rest of these Terms, and in the event of any conflict the following terms govern only as to your use of the application obtained from the App Store:

• Acknowledgment. You acknowledge that these Terms are between you and Vici only, and not with Apple Inc. ("Apple"). Vici, not Apple, is solely responsible for the application and its content
• License Scope. The license granted to you for the application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions (the "App Store Terms")
• Maintenance & Support. Apple has no obligation to furnish any maintenance or support services with respect to the application
• Warranty. Vici is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the application
• Product Claims. You and Vici acknowledge that Vici, not Apple, is responsible for addressing any claims relating to the application or your use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
• Intellectual Property. In the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, Vici, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim
• Compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties
• Apple as Third-Party Beneficiary. You and Vici acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary

18. Beta Features & Feedback

From time to time, Vici may offer experimental, preview, or beta features ("Beta Features"). Beta Features are provided "AS IS" and may be modified or discontinued at any time. If you provide Vici with comments, suggestions, ideas, or other feedback regarding the Service ("Feedback"), you grant Vici a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate the Feedback into the Service for any purpose, without obligation to you.

19. Notices

Vici may give notices to you by posting on the Service, by in-app notification, or by email to the address associated with your account. Notices to Vici must be sent to support@vici.run with a copy by certified U.S. Mail to: Vici Performance Inc., Legal Notices, c/o the registered agent on file with the Delaware Division of Corporations. You are responsible for keeping your account email address current.

20. Modifications to these Terms

We may update these Terms from time to time. When we make material changes, we will provide reasonable notice through the app, by email to the address associated with your account, or by posting the updated Terms on the Service at least 30 days before the changes take effect (or such longer period as required by applicable law). Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance. If you do not agree, you must stop using the Service and may close your account. Material changes to the arbitration provisions in Section 16 will give you a renewed 30-day opt-out window from the effective date.

21. Copyright & DMCA Notice

Vici respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that material accessible on or from the Service infringes your copyright, please send a written notice to our designated DMCA Agent containing the information required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
4. Your contact information (address, telephone number, and email address)
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf

Send DMCA notices to: DMCA Agent, Vici Performance Inc., support@vici.run (subject line "DMCA Notice"). We may, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers.

22. California Users — Notice (Cal. Civ. Code § 1789.3)

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Service is provided free of charge.

23. Export Controls & Sanctions

The Service may be subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control. You agree not to (a) use, export, re-export, or transfer the Service in violation of any such law; or (b) use the Service if you are located in, ordinarily resident in, or organized under the laws of any country or region subject to a comprehensive U.S. embargo, or if you are listed on any U.S. government list of restricted or prohibited parties.

24. Government Users

If you are a U.S. federal, state, or local government entity, the Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Use, duplication, and disclosure are subject only to the rights granted under these Terms.

25. General Provisions

• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent
• Entire Agreement: These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Vici regarding the Service and supersede all prior agreements, communications, and understandings on the subject
• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision
• Assignment: You may not assign or transfer these Terms or any rights hereunder, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision is void. Vici may freely assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets
• No Third-Party Beneficiaries: Except as expressly provided (including Apple in Section 17 and the Released Parties in Sections 7, 14, and 15), there are no third-party beneficiaries of these Terms
• Independent Contractors: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Vici
• Force Majeure: Vici shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, governmental actions, pandemics, or third-party service outages
• Headings: Headings are for convenience only and do not affect the interpretation of these Terms
• English Language Controls: These Terms were drafted in English. Any translation is provided for convenience only; the English version controls in the event of any conflict

26. Contact