Terms of service

Who these terms are with

These terms are an agreement between you and TOA Performance Inc., a Delaware corporation (“TOA”, “we”, “us”). They cover this website, toa.fit, the TOA app, and any TOA subscription you buy. By using the website or the app, or by buying a subscription, you agree to these terms. If you do not agree, do not use them.

What TOA is

TOA is the prep operating system: software for contest prep coaches and the athletes they coach. It holds a prep’s plan, check-ins and record in one place for the coach and the athlete.

TOA is software, not advice

Nothing TOA shows or generates, on this website or in the app, is coaching, medical, nutritional, dietary or training advice. That includes anything the app generates. Coaching decisions are made by the coach, and health decisions by you with a qualified professional. Do not rely on TOA as a substitute for either. Talk to a doctor before starting or changing a diet or training plan, and stop and get medical help if something feels wrong.

Who can use TOA

You must be 18 or over and in the United States to create an account or buy a subscription. TOA is offered in English. You are responsible for keeping your sign-in details private and for what happens under your account.

Early access

Submitting your email address on this website places you in the early access order in which it was received. It does not guarantee access by any date. We may change how early access works, pause it, or close it, without reordering places already held, and we may remove an address at your request or where it is invalid, bouncing or submitted abusively.

Who sells your subscription

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle processes every payment and every refund. Paddle’s buyer terms apply to your purchase alongside these terms. We never receive your full card number.

Coach seats, Personal access and prices

A coach seat is priced by its size, the number of athletes it covers, and billed monthly in US dollars. Personal access is a monthly subscription for an athlete. Current prices are on our pricing page. Prices carry no lifetime promise. We may change them, and we tell you before a change applies to your next renewal. Paddle adds sales tax where it applies.

Renewal

Every subscription renews automatically each month on its renewal date until you cancel it. Paddle charges the payment method on file at each renewal.

Seats

• Each athlete in an ongoing coaching relationship with you uses one seat, whether or not they are active.
• An invitation reserves a seat for 7 days.
• Archiving an athlete releases their seat and keeps their history.
• A coach’s own athlete profile does not use a seat.
• Athletes on a coach’s seat are covered by it and are not charged.

Changing seat size

When you move up to a larger seat size, you pay a prorated charge for the rest of the current period, the new seats apply immediately, and your renewal date stays the same. When you move down to a smaller seat size, the change applies at your next renewal, and only if your roster and open invitations fit the smaller size.

Cancellation and failed payments

You can cancel at any time, from the link in any Paddle receipt email or at paddle.net. Your paid access continues until the end of the period you have paid for, and the subscription then ends without renewing. If a coach seat’s renewal payment fails, you keep access for 7 days from the renewal date while the payment is fixed. When paid access ends, your history, your data export and basic logging remain available to you.

Refunds

Under our 30-day money-back guarantee, ask within 30 days of a subscription’s first payment and we refund every payment on it made in that window. Canceling stops renewal and returns no money. The full terms are in our refund policy.

Your data

An athlete’s prep data belongs to the athlete. A coach sees an athlete’s data only while the athlete shares it with them. You can export your data or ask us to delete your account at any time. How we handle personal information is set out in our privacy policy.

Acceptable use

You agree not to:

• attempt to gain unauthorized access to TOA, its systems or the data of other people;
• interfere with the operation of the website or the app, including by automated submission, scraping at a rate that degrades service, or attempted denial of service;
• upload content that is unlawful, deceptive or infringing, or that you do not have the right to share;
• resell, sublicense or share a subscription with people it does not cover;
• copy, reproduce or redistribute the content of this website other than for your own personal reference.

Our content and marks

The text, design, code, images, the TOA name and the TOA mark are owned by TOA Performance Inc. or used with permission, and are protected by intellectual property law. A subscription gives you the right to use TOA for as long as it is active. Nothing in these terms grants you a license to use the TOA name or mark.

Third-party services

TOA relies on third-party service providers, named in our privacy policy, and this website may link to third-party websites. We are not responsible for the content, availability or practices of any third-party website.

Ending your use

You can stop using TOA and cancel your subscription at any time. We may suspend or end an account that breaks these terms, puts other people or their data at risk, or is used unlawfully.

No warranty

TOA is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that TOA will be uninterrupted, timely, secure or error free.

Limitation of liability

To the fullest extent permitted by law, TOA Performance Inc. and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of your use of or inability to use TOA. Where liability cannot be excluded, it is limited to the greater of the amount you paid us in the 12 months before the claim and fifty United States dollars. Nothing in these terms limits rights you have under consumer law that cannot be waived.

Changes

We may update these terms. When we do, we change the date above, and we tell account holders by email before a change that affects them takes effect. Continuing to use TOA after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules. You agree to the exclusive jurisdiction of the state and federal courts located there.

Contact

Questions about these terms go to support@toa.fit or (619) 851-8999.

TOA Performance Inc.
1835 S Centre City Pkwy, Ste A #5042
Escondido, CA 92025
founder@toa.fit