Pacenote Terms of Service — United States

These Terms of Service ("Terms") govern your access to and use of the Pacenote mobile application and related services (collectively, the "Service") operated and provided by STUDIO HEUMS ("Company," "we," "our," or "us").

For the purposes of these Terms, the following definitions apply:

• "Service" means the Pacenote mobile application and all associated features, including running activity tracking, AI-generated training plans, Pace League rankings, crews, supporter networks, and STEP feeds.
• "Member" means any individual who registers an account and accesses the Service via Google Sign-In or other authorized social login methods.
• "Pro Subscription" means the premium paid subscription tier containing enhanced features (e.g., ad removal, advanced race-specific training plans, and advanced analytics) to be offered after general release.
• "STEP" means the short-term running feed feature that allows Members to share running highlights with their Supporters for a designated limited period.
• "Supporter / Supportee" means the voluntary, mutual social connection established between Members within the Service for social encouragement.
• "Fitness Data" means health-related data collected or inferred through the Service, including but not limited to GPS routes, heart rate, pace, distance, calorie estimates, VO2 Max estimates, and training load metrics.

• We post these Terms within the application settings and on our official website.
• We reserve the right to amend these Terms at any time. For material changes that disadvantage Members, we will provide at least thirty (30) days' prior notice via in-app notifications, email, or our website. For minor or non-material changes, at least seven (7) days' prior notice will be provided.
• Your continued use of the Service after the effective date of any amendment constitutes your binding acceptance of the revised Terms.

4.1 General Requirements

You must provide accurate, current, and complete information during registration and maintain the security of your account credentials. Each Member is permitted to hold only one (1) active account. Impersonation, identity theft, or unauthorized account sharing is strictly prohibited.

4.2 Age Restrictions and COPPA Compliance

IMPORTANT: Pacenote is intended for users who are at least fourteen (14) years of age (or the minimum legal age in your jurisdiction, whichever is higher). In strict compliance with the Children's Online Privacy Protection Act (COPPA) and the FTC's 2025 amended COPPA Rule (effective April 22, 2026), we do not knowingly collect personal information from children under thirteen (13). Our minimum account age is fourteen (14); users under 14 may not create an account or use the Service.

We implement the following measures to enforce this age restriction:

• Age Gate: During account registration, users are required to confirm their date of birth. Any user indicating an age below fourteen (14) will be denied access and no personal information from such users will be collected or retained.
• No Knowing Collection: We do not knowingly collect, use, or disclose personal information from children under 13 or from users under 14. If we discover that we have inadvertently collected such information, we will delete it promptly.
• Parental Contact: If a parent or guardian believes their child under 14 has registered or submitted information, please contact us immediately at [email protected]. We will investigate and delete any such data within a commercially reasonable time.
• SDK and Tracker Compliance: All third-party SDKs and analytics tools integrated in the Service have been reviewed for COPPA compliance. Device identifiers, advertising IDs (IDFA, GAID), and similar personal information are not collected from any user identified as under 14.

We reserve the right to refuse registration, suspend, or terminate accounts that violate these Terms or applicable laws.

The Company provides the following features, subject to change during the Beta Period:

Free Service

GPS-based running recording (distance, pace, time, calories, heart rate), running shoe mileage tracking, calendar-based history logs, basic statistics, core AI training plan generation, and social features (Crews, Support networks, STEP feeds).

Pro Subscription (Post-General Release)

Full in-app advertisement removal, race-specific tailored AI training plans, advanced analytics (estimated VO2 Max, training load, recovery metrics, pace zones), and prioritized customer support.

Regional Synchronization

Pace League ranking pools are separated by region (e.g., South Korea pool vs. United States pool). For U.S. users, league resetting cycles and STEP expiration times are processed based on Eastern Time (ET) as disclosed within the app.

We may modify, suspend, or discontinue any part of the Service at any time for scheduled maintenance, server upgrades, operational necessities, or legal compliance. To the maximum extent permitted by law, the Company is not liable for temporary unavailability or data synchronization delays.

Following the general release, the Pro Subscription will be billed on a recurring monthly basis through the Apple App Store or Google Play Store in U.S. Dollars (USD) or the local currency determined by your store account location.

Subscriptions automatically renew unless canceled at least twenty-four (24) hours before the end of the current billing cycle through your Apple or Google account settings.

A fourteen (14) day free trial may be offered to first-time subscribers. You must cancel before the trial period ends to avoid being charged. During the Beta Period, premium features may be provided at no cost without triggering a paid subscription.

7.1 Automatic Renewal Disclosure (U.S. Consumers)

AUTO-RENEWAL NOTICE: Your Pro Subscription will automatically renew at the end of each billing cycle at the then-current subscription rate, and your payment method will be charged unless you cancel at least 24 hours before the renewal date.

In compliance with applicable U.S. state automatic renewal laws (including California Business and Professions Code §17600 et seq. and New York General Obligations Law §5-903):

• Subscription Confirmation: We will send you a confirmation email at the time of your initial subscription and/or free trial activation, clearly stating the subscription price, billing cycle, and how to cancel.
• Pre-Renewal Reminder: For subscriptions where required by applicable state law, we will send you a reminder notification before your subscription renews, including the renewal price and cancellation instructions.
• Cancellation: You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period.
• After Cancellation: Upon cancellation, you retain access to Pro features until the end of your prepaid billing period. No partial refunds are provided for unused time within a billing cycle, except where mandated by local consumer law.

All financial transactions and billings are handled by the respective app store platforms (Apple or Google). Refunds for in-app purchases are subject to the policies of those platforms:

• Apple Users: Must request refunds directly through reportaproblem.apple.com.
• Google Play Users: Must request refunds through their Google Play Order History following Google's refund guidelines.

Canceling a subscription prevents future billing; you will retain access to Pro features until the end of your current prepaid billing period. Partial refunds for unused portions of a billing cycle are not provided, except where strictly mandated by local consumer laws.

You agree not to upload illegal, infringing, harmful, or fraudulent content, or reverse-engineer the application infrastructure.

Fair Play Rule

To maintain the competitive integrity of Pacenote's ranking and Tier systems, you are strictly prohibited from:

• Using non-running transportation (e.g., bicycles, motorcycles, cars) to forge running records.
• Utilizing GPS spoofing applications, mock location tools, or data manipulation tools.
• Registering another individual's activity data as your own.

The Company reserves the right, without prior notice, to delete fraudulent records, exclude violating accounts from the league rankings, downgrade tiers, or permanently terminate accounts for fair play violations.

We may suspend your access to premium features or the entirety of the Service for payment failures, chargebacks, or violations of Article 9. Subscription fees may continue to accrue during temporary suspensions caused by your breach.

You retain all intellectual property rights over the content you submit (running routes, photos, text, comments). By posting content on the Service, you grant the Company a worldwide, non-exclusive, royalty-free license to host, display, cache, copy, and process such content solely for the purpose of operating, improving, and promoting the Service.

Crew leaders (creators) are responsible for maintaining their group's internal guidelines. Crew leaders have the authority to manage membership based on non-discriminatory grounds. Leaders must transfer leadership or dissolve the Crew before requesting account deletion.

Members may follow other runners through the Support feature and view their STEP feeds once a mutual supporter/supportee relationship is established through request and acceptance.

Members may publish one STEP per day. Published STEPs are shown to their supporters for a limited period, then removed from the feed while remaining available to the author in their archive.

STEP posts contain sensitive geospatial/location routing. Members should review their privacy boundaries before publishing a STEP feed. You are prohibited from posting personal data or photos of third parties without their explicit consent.

Supporters may comment on or like a STEP. After a STEP's display period ends, comment and like interactions may be limited.

Members may send a "Cheer" message to a supportee who has not published a STEP for five (5) or more days. Cheer messages are delivered to the recipient as push notifications.

Social connections are strictly voluntary. Members can block or disconnect from any Supporter/Supportee relationship at any time. The Company generally does not intervene in disputes between members using Support or STEP features, but may restrict accounts when reports of abuse, harassment, or policy violations are confirmed.

All software, algorithms, branding, logos, design assets, and proprietary analytical metrics (including AI training logic and fitness calculation models) are the exclusive property of STUDIO HEUMS or its licensors. Unlicensed reproduction, distribution, or reverse engineering is strictly prohibited.

You may request immediate account deletion through the App Settings menu. Upon deletion, all historical running data, profile settings, and social records will be permanently erased and cannot be recovered, except where retention is legally mandated. See our Account Deletion page for step-by-step instructions.

14.1 Warranty Disclaimer

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. During the Beta Period, we make commercially reasonable efforts to maintain service availability and data accuracy, but do not guarantee uninterrupted or error-free operation.

14.2 Not Medical Advice

HEALTH NOTICE: Pacenote is a fitness tracking and motivational tool. The AI training plans, VO2 Max estimations, and coaching feedback are based on statistical data and do NOT constitute medical diagnosis, prognosis, or healthcare advice. Running is a strenuous physical activity. You must consult a qualified physician before engaging in any training program.

The Company disclaims all liability for any physical injury, illness, accident, or health complications arising from your use of the app's features. We do not guarantee that GPS data and third-party wearable integrations (e.g., Garmin) will be free from sync delays or sensor inaccuracies.

To the fullest extent permitted by law, in no event shall STUDIO HEUMS, its representatives, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising out of or in connection with your access to or use of the Service.

Our total liability for any claim arising out of these Terms shall not exceed the greater of: (a) the total amount paid by you to us in the twelve (12) months immediately preceding the claim, or (b) one hundred U.S. dollars (USD $100). Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations apply to the maximum extent permitted by local law.

16.1 Governing Law

These Terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict-of-law principles; provided, however, that mandatory consumer protection laws of your U.S. state of residence shall apply to the extent they provide protections that cannot be waived by contract.

16.2 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days.

16.3 Binding Arbitration (U.S. Users)

ARBITRATION NOTICE: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

For users located in the United States, and except as provided in Section 16.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through informal negotiation shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

• Arbitration shall be conducted in English, and may be conducted remotely (telephonically or via video conference) at your option.
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Filing fees for arbitration shall be governed by AAA Consumer Arbitration Rules. We will pay arbitration fees for claims under USD $10,000 unless the arbitrator finds your claim frivolous.
• You and the Company each waive the right to a jury trial.

16.4 Exceptions to Arbitration

Notwithstanding Section 16.3, either party may bring an individual action in small claims court. Either party may also seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

16.5 Class Action Waiver

To the fullest extent permitted by law, you and the Company agree that any dispute resolution proceedings — whether in arbitration or court — will be conducted only on an individual basis and not in a class, consolidated, or representative action. You explicitly waive the right to participate as a class representative or class member in any class-wide litigation or arbitration.

NOTE: Some states (e.g., California, New Jersey) may limit class action waivers in certain consumer contexts. Nothing in these Terms is intended to, nor shall it be construed to, waive rights that cannot be waived under applicable mandatory state law.

16.6 Venue (Non-Arbitration Claims)

For any claim that is not subject to arbitration (including claims brought under Section 16.4), U.S. users may bring legal proceedings in: (a) the state or federal courts located in your U.S. state of residence, or (b) a competent court in Seoul, Republic of Korea, at your election.

17.1 General Privacy

Our data collection, transmission, and usage practices (including your location tracking and Garmin Connect API data handling) are governed by our Privacy Policy, which is incorporated into these Terms by reference.

17.2 Fitness and Health Data

The Service collects and processes Fitness Data as defined in Article 2. Such data may be considered sensitive personal information under certain U.S. state laws, including but not limited to the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and the Washington My Health MY Data Act (MHMD), and applicable state consumer privacy laws (CCPA/CPRA, VCDPA, CPA, etc.).

• We collect Fitness Data only with your explicit consent, provided during onboarding or when connecting third-party integrations (e.g., Strava, Garmin Connect).
• We do not sell your Fitness Data to third parties. Data retrieved from connected integrations (e.g., Strava, Garmin Connect) is used only within Pacenote; those platforms' own privacy policies govern data stored on their services. You may disconnect integrations at any time via app settings.
• You have the right to access, correct, and delete your Fitness Data as described in our Privacy Policy and applicable state law.
• We implement commercially reasonable technical and organizational measures to protect Fitness Data against unauthorized access or disclosure.

We may transmit transactional or operational system messages to you. If permitted under applicable laws (such as CAN-SPAM and TCPA regulations), we may send promotional newsletters or push notifications. You may opt out of promotional messages at any time via the application settings or by contacting [email protected].

Provider

• Entity: 스튜디오흠스(STUDIO HEUMS)
• Address (Korea): 경기도 평택시 고덕국제대로 152, 701동 2402호
• Contact: [email protected]

Service scope

The Service uses location data for GPS route tracking, distance and pace measurement, map display, league and race verification, optional in-app sharing with crews or supporters, and retrieval of activities from connected services such as Strava or Garmin Connect.

Retention

Personal location information is kept only as long as needed to provide the Service and is deleted without undue delay when you delete your account or request deletion. See our Privacy Policy.

Fees

There is no separate charge for collecting, using, or providing location information itself. Subscription fees, if any, are described in the app and in Article 10 of these Terms.

External integrations

If you connect Strava, Garmin Connect, or similar services, Pacenote retrieves activity and route data already stored on those platforms via their APIs for in-app display and statistics. Pacenote does not upload or transmit your Pacenote-measured location data to Strava or other external platforms.

In-app sharing

If you enable workout or route visibility in app settings, other Pacenote users (such as crew members or supporters) may view your records within the scope you choose. You can change these settings at any time.

Your rights

You may withdraw consent, and request access, correction, or deletion of personal location information via in-app Settings (location permissions, sharing scope, integrations) or by contacting [email protected].

For U.S. users in states with enhanced location privacy laws, location data is treated as sensitive personal information and is not shared with third parties for advertising or data broker purposes.

• Corporate Entity: 스튜디오흠스(STUDIO HEUMS)
• Business Registration Number: 608-42-67538
• Corporate Representative: YOUNG HEUM CHO
• Support Contact: [email protected]

Beta Period Notice

Pacenote is currently operating under a temporary Beta infrastructure. Premium features may be offered at no cost during this period. The Company exercises best efforts to maintain service reliability and data integrity during the Beta Period, but cannot guarantee uninterrupted availability. Complete details regarding the official global release and final commercial pricing will be communicated via in-app announcements.

Revision History

• June 2, 2026 — Article 11-3: Cheer message threshold updated (3 days → 5 days)