These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, watch applications, software, content, and related services offered under the Hybrid Race Tools brand, including hybridracetools.com and the Hybrid Race Tools and Hybrid Watch watchOS and iPhone applications (collectively, the “Services”). The Services are provided by Pono Software Inc. (“Pono Software,” “Hybrid Race Tools,” “we,” “our,” or “us”).
By accessing or using the Services, creating an account, downloading our app, or purchasing a paid feature, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
1. Eligibility and Territorial Availability
You must be at least the age of digital consent in your jurisdiction to use the Services. If you are under the age of majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf. You represent and warrant that you are not located in a country or territory subject to applicable trade embargoes and are not on any government list of prohibited or restricted parties.
The Services are intended only for individuals located in jurisdictions where we choose to make them available. At this time, the Services are not offered to individuals located in the European Economic Area (“EEA”) or the United Kingdom (“UK”). You may not create an account, start a free trial, purchase a subscription or Lifetime Access, or use account-based or paid features of the Services while located in the EEA or the UK. We may limit, suspend, or terminate access, and may refuse or cancel registrations or purchases, to comply with this territorial restriction and applicable law.
2. Description of the Services
Hybrid Race Tools provides self-directed tools to help users log, organize, review, and analyze workouts, training sessions, races, notes, and related fitness or performance information. Unless we explicitly state otherwise in writing, the Services do not include coaching services, individualized training plans, medical care, diagnosis, treatment, or emergency services.
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, subject to applicable law.
3. Accounts and Security
Some features require an account. You agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately if you suspect unauthorized use. We may require you to verify your identity before restoring access or acting on account requests.
4. Health, Safety, and No Medical Advice
The Services are intended for informational and self-tracking purposes only. Any workout logs, statistics, pacing tools, summaries, reminders, estimates, analytics, or similar outputs are not medical advice and are not a substitute for professional medical guidance.
Exercise, racing, and training involve inherent risks, including the risk of injury, illness, and in rare cases death. You are solely responsible for deciding whether to begin, continue, modify, or stop any workout, event, or activity. Always consult a qualified healthcare professional before starting or changing an exercise program, especially if you have a medical condition, injury, symptoms, or concerns.
The Services are not intended for use in emergencies or for monitoring critical medical conditions.
5. Your Content and Data
You retain ownership of the content and data you submit, upload, record, sync, or otherwise make available through the Services, including workout entries, notes, race results, and related information (“User Content”).
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use User Content solely as necessary to provide, maintain, secure, troubleshoot, and improve the Services, comply with law, and enforce these Terms.
You represent and warrant that you own or have all rights necessary to provide User Content and that your User Content does not violate any law or the rights of any third party.
6. License to Use the Services
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, download, install, and use the Services on devices you own or control, solely for your personal, non-commercial use.
You may not:
(a) copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services;
(b) reverse engineer, decompile, disassemble, or attempt to derive source code, except where prohibited by applicable law;
(c) circumvent security or access restrictions;
(d) use the Services to violate any law or third-party right;
(e) interfere with or disrupt the Services, servers, or networks;
(f) use bots, scrapers, or automated means to access the Services except as expressly authorized by us; or
(g) use the Services to store or transmit unlawful, infringing, abusive, or malicious content.
7. Purchases, Billing, Free Trials, Subscriptions, Lifetime Access, and Refunds
Some parts of the Services may require payment, whether as a subscription, one-time “Lifetime Access” purchase, or another paid feature. Prices, billing cycles, included features, and any offer terms will be presented to you at the time of purchase.
We may offer introductory pricing, promotional offers, or free trials. Unless otherwise stated, free trials are only for eligible new subscribers and may not be combined with other offers. If you start a subscription with a free trial, your subscription will automatically convert to a paid subscription at the end of the free trial and the applicable subscription fee will be charged unless you cancel before renewal.
If you purchase through the Apple App Store, billing, renewals, cancellations, free-trial conversions, payment processing, billing grace periods, and refunds are handled by Apple under Apple’s terms and policies. We cannot cancel or refund App Store purchases on Apple’s behalf. You can manage or cancel an App Store subscription through your Apple account settings. If you do not want an App Store free trial or subscription to renew, you should cancel at least 24 hours before the end of the free trial or current billing period, subject to Apple’s applicable rules.
If we offer direct web purchases, you authorize us and our payment processors to charge your selected payment method for all applicable fees, taxes, renewals, and other charges you authorize. Unless otherwise stated, direct subscriptions renew automatically until canceled. You may cancel a direct subscription before renewal to avoid future charges; cancellation takes effect at the end of the current billing period.
If we offer a Lifetime Access purchase, “Lifetime Access” means a one-time purchase that unlocks the paid features specifically identified at the time of purchase for the applicable Hybrid Race Tools product or service tier tied to your account, for so long as we continue to make that purchased product or tier generally available. Lifetime Access does not include future apps, separately priced products, coaching services, training plans, enterprise offerings, materially different premium modules, or new paid features unless we expressly state otherwise at the time of purchase. Lifetime Access is personal to your account, has no cash value, and is non-transferable except where required by law.
Deleting the app, deleting your data, or deleting your account does not automatically cancel an App Store subscription or any other recurring payment. You must cancel the subscription through the applicable billing platform.
Except where required by applicable law or platform rules, payments are non-refundable once the relevant digital product, subscription period, or paid feature has been made available to you. If you are in a jurisdiction that grants a statutory withdrawal or cooling-off right for digital content, you expressly request immediate performance when access is provided and acknowledge that you may lose that right to the extent permitted by law.
Prices may change prospectively. If we change pricing for an existing direct subscription sold by us, we will provide advance notice before the new price takes effect. Changes to App Store pricing, renewals, and notices are governed by Apple’s systems and policies.
8. Taxes
Prices may exclude applicable taxes, duties, levies, VAT, GST, or similar charges unless otherwise stated. Where required, these amounts may be added based on your billing details and location.
9. Acceptable Use and Service Rules
You agree to use the Services responsibly and only for lawful purposes. You are solely responsible for:
(a) the accuracy of the data you log or import;
(b) how you interpret and use any metrics, summaries, or analytics; and
(c) complying with all rules, laws, and event requirements relevant to your training and races.
We may remove content, suspend access, or restrict features if we reasonably believe you have violated these Terms or created risk for us, the Services, or other users.
10. Third-Party Services and Integrations
The Services may interact with third-party platforms, devices, or services, including the Apple App Store, payment processors, analytics or crash-reporting providers, device sensors, Apple Watch features, and optional Apple Health / HealthKit or other integrations you enable. Your use of third-party services is subject to those third parties’ own terms and privacy practices. We are not responsible for third-party services outside our reasonable control.
11. Privacy and Consumer Health Data
Your use of the Services is also subject to the Hybrid Race Tools Privacy Policy and the Hybrid Race Tools Consumer Health Data Privacy Notice, each as updated from time to time. Those documents describe how we collect, use, disclose, and protect personal information and consumer health data. If you choose to enter, upload, or sync health, fitness, or wellness-related information, you acknowledge that we will process that information as described in those notices and, where required by law, based on your consent and other applicable legal grounds.
12. Intellectual Property
The Services, including all software, designs, text, graphics, logos, compilations, features, and functionality, are owned by Pono Software Inc. or its licensors and are protected by intellectual property laws. Except for the limited license granted in these Terms, no rights are granted to you.
If you send us suggestions, ideas, feedback, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
13. Third-Party Marks
Third-party names, events, brands, and trademarks that may be referenced through the Services remain the property of their respective owners. Any reference to HYROX® or other third-party marks is for descriptive purposes only. Hybrid Race Tools and Pono Software Inc. are not affiliated with, endorsed by, or sponsored by HYROX unless expressly stated by us in writing.
14. Availability, Updates, and Changes to the Services
The Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will always be available, uninterrupted, error-free, secure, or compatible with every device, operating system, browser, or event format.
We may release updates, bug fixes, patches, or upgrades, and some features may stop working if you do not install them. We may also change or remove features, content, or functionality at any time.
15. Termination
You may stop using the Services at any time. We may suspend or terminate your access immediately if you violate these Terms, create legal or security risk, fail to pay applicable fees, or if we discontinue the Services.
Upon termination, the rights granted to you under these Terms end immediately. Sections that by their nature should survive termination will survive, including sections relating to payments, intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.
16. Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.
Without limiting the foregoing, we do not warrant that:
(a) the Services will meet your requirements or goals;
(b) any logged data, analytics, estimates, or summaries will be accurate, complete, or reliable;
(c) the Services will be uninterrupted, timely, secure, or error-free; or
(d) defects will be corrected.
17. Limitation of Liability
To the fullest extent permitted by law, Pono Software Inc. and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, goodwill, data, or business interruption, arising out of or related to the Services or these Terms.
To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of:
(a) the amount you paid to us for the Services in the 12 months before the event giving rise to the claim; or
(b) US$100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, fraud, willful misconduct, or death or personal injury caused by negligence to the extent such liability cannot lawfully be limited.
18. Indemnification
You agree to defend, indemnify, and hold harmless Pono Software Inc. and its directors, officers, employees, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:
(a) your User Content;
(b) your misuse of the Services;
(c) your violation of these Terms; or
(d) your violation of any law or third-party right.
This section applies only to the extent permitted by applicable law.
19. Additional Terms for Apple App Store Downloads
If you downloaded the app from the Apple App Store, you acknowledge that:
(a) these Terms are between you and Pono Software Inc., not Apple, and Pono Software Inc. is solely responsible for the app and its content;
(b) Apple has no obligation whatsoever to furnish maintenance or support services for the app;
(c) to the extent any warranty cannot be effectively disclaimed, you may notify Apple and Apple may refund the purchase price for the app, if any, but to the maximum extent permitted by law Apple will have no other warranty obligation with respect to the app;
(d) Pono Software Inc., not Apple, is responsible for addressing any claims relating to the app, including product liability claims, legal or regulatory claims, and claims arising under consumer protection, privacy, or similar laws; and
(e) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the app, and may enforce them against you.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-law principles.
Any dispute that is not subject to mandatory local consumer jurisdiction rules shall be brought exclusively in the courts located in British Columbia, Canada. Nothing in these Terms limits any non-waivable consumer protection rights you may have under the laws of your place of residence.
21. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will post the updated Terms and update the effective date above. Where required by law, we will provide additional notice. Your continued use of the Services after the updated Terms take effect means you accept the revised Terms.
22. Miscellaneous
These Terms, together with our Privacy Policy and any additional terms presented for a specific feature or purchase, form the entire agreement between you and us regarding the Services.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision is not a waiver of that provision.
You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, restructuring, or sale of assets.
23. Contact Us
Hybrid Race Tools
A brand operated by Pono Software Inc.
#250 – 997 Seymour St.
Vancouver, BC, V6B 3M1
Canada
Email: [email protected]