Terms of Use

These terms govern the use of the Lactate Athletic Club app and website (the “Service”). They concern three parties: Octave Athletics (“Octave”, “we”), which operates the software platform; Lactate Athletic Club and its coaches (the “Club”), who provide the training; and you, the person using the Service.

1. Who does what

• Octave supplies the software: the app, the website and the tools that let the Club plan training, communicate with its athletes and manage its subscriptions. Octave is not a club, does not provide training, is neither a coach nor a health professional, and supervises no session.
• The Club and its coaches design the programs, supervise their athletes and are responsible for them (section 4).
• The athlete trains with their club and remains responsible for their own health and safety (section 5).

2. Acceptance

By creating your account, you confirm that you have read and accepted these terms and the Privacy Policy; we keep the date and the version you accepted. If you do not accept them, do not use the Service. If you create an account on behalf of a club, you represent that you are authorized to bind that club.

3. The Service

The Service is offered under the Club’s name and branding. Some features are optional and switched on by the Club — for example the automated assistant, text messages, a participation waiver or payment by Interac e-Transfer. We may change the Service and add or remove features.

4. The Club’s and its coaches’ responsibilities

The Club and each of its coaches are solely responsible for:

• the programs, sessions, advice and instructions they give, in the app or elsewhere;
• supervising their athletes and their safety, including at sessions they organize;
• making sure their athletes are fit to train, and adapting training to their age, level, injuries and health;
• obtaining a parent’s or guardian’s consent for any minor athlete (section 6);
• the qualifications, memberships and insurance their federation or the law requires;
• any waiver or consent form they choose to use — the app’s waiver tool is optional and off by default;
• the prices, refund policies and commitments they make to their athletes.

To the extent permitted by law, the Club will indemnify Octave against any third-party claim arising from the training, advice or activities of the Club and its coaches.

5. The athlete: health and risk

• Running and physical training carry inherent risks: muscle or joint injuries, falls, heat illness, dehydration and, more rarely, heart problems. By training, you accept the risks inherent in the sport.
• See a doctor before starting a program or increasing your training load — especially if you have a health condition or an injury, are pregnant, or have not been active for a long time.
• Stop at once and see a health professional if you feel pain, dizziness, chest pain, unusual shortness of breath or any worrying symptom.
• Tell your coach about any injury, medical condition or medication that may affect your training.
• A program is a guide your coach prepared: adapt it to how you feel, and talk it over with them.
• Nothing in the Service — automated suggestions, statistics and educational content included — is medical advice.

6. Minors

A person under 18 needs a parent’s or guardian’s agreement to use the Service. For a person under 14, the consent of the person with parental authority is required before any personal information is collected, as the law requires. The Club that enrolls a minor athlete is responsible for obtaining these consents.

7. Automated features and connected devices

Automated assistance features are optional, switched on by the Club, and can be wrong; the coach remains responsible for what they send their athletes. Data from watches and other connected devices may be incomplete or inaccurate.

8. Subscriptions and payments

An athlete’s subscription is offered by their club, which sets its price. Payment is by card on the web, by Interac e-Transfer where the Club offers it, or through the App Store when bought in the iPhone app. The price, period and renewal are shown before you pay. You may cancel at any time; access continues until the end of the paid period. Refund requests are handled by the Club under its policy, subject to your rights under the law.

9. Conduct

You agree not to:

• use the Service for any unlawful purpose;
• harass, threaten or intimidate anyone;
• post unlawful or hateful content, or content that infringes others’ rights;
• attempt to compromise the Service’s security;
• impersonate anyone or claim coaching qualifications you do not hold;
• resell or redistribute the Service without authorization.

10. Content and intellectual property

Programs and content created by a club or a coach belong to them. You grant us the license needed to host and display your content in order to provide the Service. Octave’s software, design and trademarks remain its property.

11. Privacy

The Privacy Policy explains what personal information is collected and how it is protected.

12. Warranties and liability

• The Service is provided “as is”. We make reasonable efforts to keep it available and secure, without guaranteeing it will be free of interruptions or errors.
• Octave does not provide training and supervises no session. It is therefore not responsible for injuries or damage arising from the training, programs, advice or activities of a club or a coach.
• To the extent permitted by law, Octave is not liable for indirect damages, and its total liability to you is limited to the greater of $100 or the amounts you paid Octave directly in the 12 months before the claim.
• Nothing in these terms excludes or limits a liability that cannot be excluded or limited by law — in particular for bodily or moral injury caused to another (article 1474 of the Civil Code of Québec) — nor the rights the Consumer Protection Act gives you.

13. Suspension and closing an account

We may suspend or close an account that breaches these terms. The Club may remove an athlete or a coach from the club. You may delete your account at any time in your settings.

14. Changes

We may change these terms. For any material change, we will tell you in the app and ask you to accept it. You may refuse it by no longer using the Service and deleting your account.

15. Governing law

These terms are governed by the laws of Québec and the federal laws of Canada that apply there. Any dispute belongs to the courts of Québec, subject to your right, as a consumer, to bring it before the court of your domicile.

16. Language

These terms are written in French. This English translation is offered for convenience; if the two differ, the French version prevails.

17. Contact

Questions? Write to us from the app’s Help page or at hello@coachgus.org.