Terms of Service

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 ("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 with written parental/guardian consent.

1.2 Account Registration & Security

Provide accurate, complete information and keep your credentials secure. You are responsible for all 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, or reverse engineering of content, plans, software, or intellectual property without express written consent.

1.4 Communications & Response Times

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

• ThunderBird Elite ($800/mo): same-day response, unlimited messaging
• Phoenix Best Value ($390/mo): 24h response, Voxer + WhatsApp
• Aurora Starter ($250/mo): 1 business day, email support
• AI Coach ($29/mo): automated 24/7 responses; no human coaching

1.5 Right to Refuse or Suspend Service

We reserve the right to refuse, suspend, or terminate any account at any time for lawful reasons including safety concerns, non-payment, or violation of these terms. Unearned prepaid fees are refunded pro-rata when we cancel for reasons other than violation.

1.6 Independent Contractor Status

Nothing in these Terms creates an employer-employee, agency, partnership, or joint venture relationship.

1.7 Acceptable Use & No Supervision

You agree not to copy or reverse-engineer our content, impersonate others, commit fraud, or attempt to disrupt our systems. We do not supervise your training, events, or activities — you are solely responsible for your safety, compliance with event rules, and your environment.

1.8 Third-Party Tools & International Use

We integrate with TrainingPeaks, Shopify, Calendly, Stripe, and others. We are not responsible for their content, security, or policies. Your use of those services is governed by their terms.

2. Privacy Policy (Summary)

Our full Privacy Policy is at /privacy. In short: we collect contact, profile, fitness, training, payment, and communication data; we use it to deliver coaching, process payments, communicate with you, and improve our services. We do not sell your personal information. Email breno@brenoamelo.com for access, correction, deletion, portability, or opt-out requests.

3. Cookie Notice

We use cookies for essential site functionality, analytics, and marketing. You can control cookies through your browser settings, Google Analytics Opt-Out, and other industry opt-out tools.

4. Medical Disclaimer, Waiver & Assumption of Risk

PLEASE READ CAREFULLY — THIS SECTION CONTAINS A RELEASE OF LIABILITY.

Assumption of risk

Endurance training (running, cycling, swimming, triathlon) involves inherent and serious risks, including muscle strain, sprains, fractures, heat stroke, dehydration, hyponatremia, cardiac arrest, drowning, collision with vehicles, severe injury, permanent disability, or death. You assume all risk of injury or harm that may result from use of our services, content, or training recommendations, whether or not caused by our negligence.

Medical clearance required

• Obtain medical clearance from a licensed physician before beginning or changing any exercise program.
• Disclose all relevant health conditions, injuries, medications, and limitations to your coach.
• Stop immediately and seek medical attention for chest pain, dizziness, severe shortness of breath, or any abnormal symptoms.

No supervision & no guarantee of results

We do not supervise your activities or monitor real-time health. We make no warranties regarding race times, qualification standards, or any specific outcome.

Release of liability & indemnification

To the fullest extent permitted by law, you voluntarily release and discharge Breno Melo Endurance Coaching from any and all liability, claims, demands, damages, losses, costs, or causes of action arising from your participation, whether arising from our negligence or otherwise. You agree to indemnify and hold us harmless from any liability resulting from your use of services or your violation of these terms.

5. Payment & Billing Policy

Recurring billing

• Coaching services bill monthly via Stripe.
• 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 and debit cards via Stripe. We do not store your full card information.

Failed payments

• We will retry failed payments up to 3 times over 7 days.
• Services may be suspended immediately upon payment failure.
• Accounts 30+ days overdue may be terminated and sent to collections.

AI Coach trial

AI Coach ($29/mo) includes a 30-day free trial. Cancel before the trial ends to avoid being charged. After the trial, the subscription automatically renews monthly.

14-day satisfaction window (1:1 coaching)

If you're not satisfied within the first 14 days of Aurora, Phoenix, or ThunderBird 1:1 coaching, email us for a full refund of your first month. After 14 days, monthly billing is non-refundable except as required by law.

6. Coaching Commitment & Cancellation

• No long-term contract. Month-to-month after the initial trial period.
• 30 days written notice to cancel; one more billing cycle occurs after notice is received.
• Effective endurance training typically requires 12–16 weeks to see meaningful results — we recommend committing for at least one full training block.
• Cancel by emailing breno@brenoamelo.com.

Upgrades & downgrades

Upgrade to a higher tier anytime — prorated difference charged immediately. Downgrades require 30 days notice and take effect on the next billing cycle.

Price changes

Existing clients receive at least 60 days notice of any price increase and are grandfathered at their current rate for 12 months. You may cancel during the notice period without penalty.

7. Coaching Hold Policy

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

8. Medical / Injury Suspension Policy

• Up to 112 days for injury, illness, pregnancy, or medical conditions
• Does not count against the annual hold limit
• Written request required; physician's note may be requested
• Custom support for pregnancy, conception, or postpartum athletes

9. Training Plans & Digital Products

Standalone training plans (Boston Qualifier, First Marathon, IRONMAN 70.3, etc.) are sold as one-time digital products delivered as PDFs.

• Delivery: download link sent via email within 15 minutes.
• Refund: full refund within 14 days, no questions asked.
• Not included: 1:1 coach support, plan customization, TrainingPeaks setup.
• License: personal, non-transferable, single-athlete use only.
• Prohibited: sharing, redistribution, commercial coaching, or public posting. Violations subject to damages up to $10,000 per infraction.

If you upgrade from a training plan to 1:1 coaching within 30 days, you'll receive 50% of the plan price as credit toward your first month.

10. AI Coach & AI Usage Policy

We use AI to power training plan personalization, performance analysis, recovery monitoring, pacing calculations, and our AI Coach product.

Limitations & human oversight

• AI recommendations assist coaches — they do not replace human judgment.
• AI cannot account for all individual factors, daily variation, or real-time conditions.
• Always prioritize how you feel over what AI suggests.
• AI predictions are probabilistic estimates, not guarantees.

Data used for AI

Aggregated, anonymized training data may be used to improve our AI. Individual athlete data is never sold. You can opt out of AI training data use by emailing us.

AI accuracy & liability

AI is a tool, not a substitute for professional judgment or medical advice. We are not liable for outcomes resulting from AI recommendations.

11. 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. To opt out of future use, email breno@brenoamelo.com.

12. Intellectual Property & Copyright

All content, training plans, methodologies, software, graphics, calculators, and materials are the exclusive property of Breno Melo Endurance Coaching or its licensors, protected by U.S. and international copyright, trademark, and trade secret laws.

Prohibited uses

• Copying, distributing, or publicly displaying any training plans or content
• Sharing login credentials or account access
• Reselling, licensing, or commercially exploiting any content
• Using our plans, methods, or content to coach other athletes
• Reverse engineering software, calculators, or tools
• Creating derivative works based on our content

DMCA & enforcement

We actively monitor for unauthorized use and pursue all available legal remedies including DMCA takedowns, cease and desist letters, account termination without refund, and recovery of attorney fees. Report infringement to breno@brenoamelo.com.

13. Limitation of Liability

MAXIMUM LIABILITY CAP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $500.

We shall not be liable for personal injury, illness, disability, or death resulting from endurance activities; indirect, incidental, special, consequential, or punitive damages; or loss of profits, revenue, data, or goodwill.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

14. Dispute Resolution & Arbitration

14.1 Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts. You consent to exclusive jurisdiction of Massachusetts courts.

14.2 Mandatory binding arbitration

Any dispute arising out of these Terms or your use of our Services shall be determined by binding arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules, in Boston, Massachusetts (or remote at either party's option).

14.3 Class action & jury trial waiver

YOU AND BRENO MELO ENDURANCE COACHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

14.4 Exceptions

Either party may seek equitable relief in court for intellectual property infringement, confidentiality violations, or claims that cannot be arbitrated under applicable law.

14.5 Informal resolution

Before filing arbitration or a lawsuit, contact us at breno@brenoamelo.com. We will have 30 days to attempt resolution.

Additional provisions

• Severability: if any portion is unenforceable, the rest remains in force.
• Force majeure: we are not liable for delays beyond our reasonable control.
• Assignment: we may assign; you may not without our consent.
• Entire agreement: these Terms and the Privacy Policy supersede all prior agreements.

15. Contact Information

Breno Melo Endurance Coaching
1330 Boylston Street, Unit 1208
Boston, MA 02215
Email: breno@brenoamelo.com
Phone: (617) 955-8861