Back to Home

Terms of Service

Last updated: December 7, 2024

1. Acceptance of Terms

Welcome to 1st Marathon! These Terms of Service ("Terms") govern your access to and use of the 1st Marathon mobile application ("App") and related services (collectively, the "Service") operated by Sicsty Oy ("we," "us," or "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Sign in with Apple

To use the Service, you must create an account using Sign in with Apple. You agree to:

  • Provide accurate and complete information during registration
  • Maintain the security of your Apple ID credentials
  • Immediately notify us of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

3.2 One Account Per Person

You may only create one account. Creating multiple accounts is prohibited and may result in termination of all accounts.

4. Description of Service

1st Marathon provides AI-powered, personalized marathon training plans and coaching. The Service includes:

  • Customized training plans based on your fitness level and marathon goals
  • Weekly workout prescriptions (running, strength training, mobility, drills)
  • Adaptive training adjustments based on your progress and feedback
  • Workout tracking and reflection tools
  • Training insights and recommendations

5. Health and Medical Disclaimers

5.1 Not Medical Advice

IMPORTANT: THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE.

The training plans, recommendations, and information provided by 1st Marathon are for informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.

5.2 Consult Your Physician

You should consult your physician or other qualified healthcare provider before:

  • Starting any exercise program, including the training plans provided by the Service
  • Making any changes to your current exercise routine
  • If you have any pre-existing health conditions, injuries, or concerns

5.3 Assumption of Risk

You acknowledge that:

  • Marathon training involves inherent risks, including but not limited to muscle strain, injury, cardiovascular stress, and in extreme cases, serious injury or death
  • You voluntarily assume all risks associated with using the training plans and recommendations provided by the Service
  • You are solely responsible for determining whether any training plan or recommendation is appropriate for your fitness level and health condition
  • You will stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or any unusual symptoms

5.4 Individual Results May Vary

The Service provides training recommendations based on AI algorithms and general training principles. Results vary from person to person based on many factors, including but not limited to fitness level, consistency, nutrition, sleep, genetics, and adherence to the training plan.

We do not guarantee that you will achieve any specific time goal, fitness level, or marathon completion.

6. User Responsibilities and Prohibited Conduct

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service in any way that violates applicable laws or regulations
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Use the Service to harm, harass, threaten, or intimidate others
  • Attempt to gain unauthorized access to the Service, other users' accounts, or computer systems
  • Use any automated system (bots, scrapers) to access the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove or modify any copyright, trademark, or proprietary notices
  • Upload or transmit viruses, malware, or any malicious code

6.2 Commercial Use Restrictions

The Service is for personal, non-commercial use only. You may NOT:

  • Resell, redistribute, or sublicense access to the Service
  • Use the AI-generated training plans to create commercial coaching services
  • Share your account credentials with others or allow others to use your account
  • Create derivative works based on the Service or training plans for commercial purposes

6.3 Content You Submit

When you submit workout data, reflections, or other content to the Service, you represent that:

  • The content is accurate and truthful
  • You own all rights to the content or have permission to submit it
  • The content does not violate any laws or third-party rights

7. Intellectual Property Rights

7.1 Our Rights

The Service, including all content, features, functionality, software, code, text, graphics, logos, and AI-generated training plans, is owned by Sicsty Oy and is protected by international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and use the App on your personal iOS devices
  • Access and use the Service for your personal, non-commercial use
  • View and use AI-generated training plans created for you

This license does not include the right to copy, modify, distribute, sell, or create derivative works from the Service or any training plans.

7.3 Your Content

You retain ownership of the workout data, reflections, and other content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and analyze your content solely to provide and improve the Service.

8. Payments and Subscriptions

8.1 Pricing

Certain features of the Service may require payment. All prices are in the currency specified in the App and are processed through Apple's In-App Purchase system.

8.2 Subscriptions

If you purchase a subscription:

  • Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current period
  • Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions in your Apple ID Account Settings
  • No refunds are provided for unused portions of a subscription period

8.3 Refunds

All purchases are processed through Apple. Refund requests must be made through Apple according to their refund policies. We do not have access to process refunds directly.

8.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect active subscriptions until the next renewal period.

9. Account Termination and Suspension

9.1 Termination by You

You may delete your account at any time through the App settings. Upon deletion:

  • Your account and all associated data will be permanently deleted
  • You will lose access to the Service immediately
  • Active subscriptions will continue until the end of the current billing period (no refunds)
  • This action cannot be undone

9.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service immediately, without notice or liability, if you:

  • Violate these Terms of Service
  • Engage in prohibited conduct
  • Use the Service in a manner that could damage, disable, or impair the Service
  • Fail to pay any fees when due

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution.

10. Disclaimers and Limitations of Liability

10.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • The training plans will be accurate, effective, or suitable for your individual needs
  • Any defects or errors will be corrected
  • The Service will meet your expectations or help you achieve any specific fitness goals

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SICSTY OY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Personal injury or death resulting from use of the Service or training plans
  • Loss of profits, revenue, data, or other intangible losses
  • Damages resulting from unauthorized access to or alteration of your data
  • Failure to achieve any fitness goals or marathon completion

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR €100 (ONE HUNDRED EUROS), WHICHEVER IS GREATER.

10.3 Third-Party Services

The Service integrates with third-party services (Apple, Supabase, Anthropic). We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sicsty Oy and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any injury or health condition resulting from your use of the training plans or Service

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Helsinki, Finland.

12.3 Informal Resolution

Before filing any formal claim, you agree to contact us at support@1stmarathon.com to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any issues.

13. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by:

  • Updating the "Last updated" date at the top of these Terms
  • Sending an email notification to the email address associated with your account
  • Displaying a notice in the App

Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and delete your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sicsty Oy regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 No Agency

No joint venture, partnership, employment, or agency relationship exists between you and Sicsty Oy as a result of these Terms or your use of the Service.

15. Contact Information

If you have questions about these Terms of Service, please contact us:

Sicsty Oy
Operating as: 1st Marathon
Email: support@1stmarathon.com
Address: Koukkuniementie 6 L, 02230 Espoo, Uusimaa, Finland
Business ID: [Your Finnish Y-tunnus if you want to include it]

16. Apple-Specific Terms

The following additional terms apply to your use of the App on iOS devices:

16.1 Acknowledgment

You acknowledge that these Terms are between you and Sicsty Oy only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or its content.

16.2 Scope of License

The license granted to you is limited to a non-transferable license to use the App on any Apple device that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

16.3 Maintenance and Support

Sicsty Oy is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services.

16.4 Warranty

Sicsty Oy is solely responsible for any product warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.

16.5 Product Claims

Sicsty Oy, not Apple, is responsible for addressing any claims relating to the App or your use of it, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation.

16.6 Intellectual Property Rights

In the event of any third-party claim that the App infringes intellectual property rights, Sicsty Oy, not Apple, will be responsible for investigation, defense, settlement, and discharge of such claim.

16.7 Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of the App, and that Apple will have the right to enforce these Terms against you.

By using 1st Marathon, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.