Terms and Conditions of Use

1. Description

Buddy Pacer S.L. (hereinafter referred to as “Buddy Pacer”) has developed a platform to connect runners, accessible through a mobile application, designed to bring runners together so they can engage in sporting activities accompanied, based on their (i) date, (ii) location, (iii) type of training, (iv) running pace, and (v) duration.

 

These general terms of use are intended to govern access to and the terms of use of the Platform. Please read these terms carefully. You understand and acknowledge that Buddy Pacer is not a party to any contract, agreement, or contractual relationship of any kind entered into between the Users of the Platform.

 

By clicking on “Log in” or “Sign up with an email address”, you acknowledge that you have read and accepted these General Terms of Use.

 

2. Definitions

In this document,

“Activity” means a post related to a training session published by a User.

 

“Buddy Pacer” has the meaning attributed to it in Article 1 above.

 

“Buddy” means any natural person (User) who shares a physical activity through the Platform in order to perform it accompanied.

 

“Account” means the account that must be created to become a User and access certain services offered by the Platform.

 

“Website” means the website accessible at www.buddypacer.com

 

“Location” refers to the place from which the activity will be carried out.

 

“Pace” means the running speed expressed in min/km at which the activity will be performed.

 

“Activity” refers to the type of run to be carried out, which may be continuous running, short intervals (1 km).

 

“Join an activity” is used to request participation in a specific activity.

 

“Buddy request” represents a User’s intent to join an activity created by another User, which the latter may accept or refuse at their sole discretion. Users are free to accept the requests they deem appropriate without needing to justify either acceptance or refusal.

 

Registration on the Platform is required in order to create or request to join any activity scheduled on the Platform.

 

3. Registration on the Platform and creation of an Account

 

3.1. Conditions for registering on the Platform

The Platform may only be used by persons over 18 years of age. Registration on the Platform by a minor is strictly prohibited. By accessing, using, or registering on the Platform, you confirm and warrant that you are over 18.

 

3.2. Creating an Account

The Platform allows Users to post and view posts of sporting activities and to interact with each other in order to carry them out together. It is possible to view posts without being registered on the Platform. However, you will not be able to publish an activity without first creating an Account to become a User.

 

To create your Account, you may use either of the two methods described below:

(i) complete all required fields in the registration form;

(ii) or sign in via your Google account.

 

To register on the Platform, you must have read and accepted these General Terms of Use (hereinafter, GTU).

When creating your Account, regardless of the method selected, you agree to provide truthful and accurate information and to update such information via your profile or by sending a notice to Buddy Pacer, in order to ensure its relevance and accuracy throughout the duration of your relationship with Buddy Pacer.

 

If you register using an email address, you agree to keep the password chosen when creating your Account confidential and not to disclose it to anyone. In the event of loss or disclosure of your password, you must notify Buddy Pacer immediately. You are solely responsible for the use of your Account by third parties, unless you have expressly informed Buddy Pacer of the loss, fraudulent use by a third party, or disclosure of your password to a third party.

 

Do not create or use, under your own identity or a third party’s identity, any Account other than the one initially created.

 

3.3. Verification

For the purposes of transparency, accuracy, and the prevention or detection of fraud, Buddy Pacer may establish a system to verify certain information provided in your profile. This mainly applies in cases where you enter your phone number.

 

You acknowledge and agree that any reference on the Platform or in the services to “certified” information, or any similar term, only means that a User has successfully completed the verification procedure on the Platform or in the services, to provide more information about the User with whom you are considering sharing an activity. Buddy Pacer cannot guarantee the truthfulness, reliability, or validity of the information subject to the verification procedure.

 

4. Use of the Services

 

4.1. The User

ccessing, browsing, and using the application confers the status of User (hereinafter, individually, the User, and collectively, the Users), and therefore you accept, from the start of browsing the Application, all the Conditions set out herein, as well as any subsequent amendments, without prejudice to the application of any relevant mandatory legal regulations as appropriate.

 

The User assumes responsibility for the proper use of the Application. This responsibility extends to:

Using this Application only to carry out activities that are legally valid.

Not engaging in false or fraudulent activities. If it is reasonably considered that such an activity has been carried out, it may be cancelled and the relevant authorities will be informed.

Providing truthful and lawful contact details, such as an email address and/or other information like name or phone number.

The Application is mainly intended for Users residing in Spain. Buddy Pacer does not guarantee that the Application complies, in whole or in part, with the laws of other countries. Buddy Pacer assumes no liability that may arise from such access, nor does it guarantee the provision of services outside Spain.

 

4.2. User misconduct and community guidelines

Buddy Pacer is not responsible for any inappropriate behaviour by other Users that occurs before, during, or after an activity organised through our Application. The foregoing includes any inappropriate, harmful, or unsportsmanlike conduct by Users. Buddy Pacer encourages respectful behaviour among all Users

Preventive measures: Buddy Pacer has User verification processes in place and clear community guidelines in order to minimise the risk of inappropriate conduct. All Users must accept these guidelines when creating an account.

 

Community guidelines:

  1. Respect for all Users:
          • Treat all Users with respect, regardless of fitness level, age, sex, race, or origin.
          • Use appropriate language and avoid offensive, discriminatory, or hate-inciting expressions.
  1. Punctuality and reliability:
          • Arrive on time to activities at the defined meeting point.
  1. Uso adecuado del área de actividad:
          • Take care of the area where the activity takes place.
          • Follow the area’s rules regarding attire and designated zones.
  1. Safety first:
          • Immediately inform the competent authorities of any incident affecting safety.
          • Do not engage in behaviours that may endanger your life or that of others.
  1. Appropriate communication:
          • Ensure that communications through the Application or during the activity are respectful.
          • Do not use Buddy Pacer to harass, threaten, or inappropriately contact other Users.
  1. Privacy and consent:
          • Respect others’ privacy. Do not share personal information about other Users without their consent.
          • Ask permission before taking or sharing photos/videos of other Users.
  1. Honest representations:
          • Provide accurate information about your athletic level.
          • Do not falsify your identity or create multiple accounts.
  1. Conflict resolution:
          • Try to resolve conflicts amicably and professionally.
  1. Compliance with local law:
          • Comply with all local laws and regulations while using Buddy Pacer’s services.

 

Safety tips for the User:

  • Always meet new Users in public, well-lit places.
  • Inform a friend or family member of your plans when meeting new people.
  • Trust your instincts: if you feel uncomfortable in a situation, do not hesitate to leave.
  • Keep your personal information private until you feel comfortable sharing it.
  • Immediately report any suspicious behaviour to both the authorities and Buddy Pacer.
 

Although Buddy Pacer strives to provide the best possible support through our customer service channels, there are limits to what we can do:

  • Receiving complaints: we encourage Users to report any instances of misconduct. These reports help us keep a record of issues and may be used to address recurring problems.
  • Guidance: our team can offer guidance on how to handle specific situations and recommend measures or appropriate points of contact to resolve issues.
  • Assistance with communications: we can help facilitate communication between Users and club management to address and resolve disputes or issues.

 

Consequences of misconduct

Users who engage in misconduct—such as harassment, offensive behaviour, fraud, breach of community guidelines, or any other action that negatively affects other Users’ experience—may face various sanctions. These include warnings, temporary suspensions, or permanent bans from accessing the Buddy Pacer Platform

 

The severity of the sanction will depend on the nature and frequency of the breach and will be assessed at Buddy Pacer’s discretion

Privacy and confidentiality: Buddy Pacer assures Users that any report of misconduct will be handled discreetly and in accordance with applicable privacy laws. We respect the privacy of all parties involved in handling these matters.

Buddy Pacer will make every effort to take the best decisions to ensure the community remains strong. However, in cases of serious misconduct, we recommend that Users present the facts to the local authorities. Buddy Pacer will do its best to mitigate the impact on each User.

 

Moderation

  1. Member Content

You acknowledge and agree that Buddy Pacer may moderate, prior to publication and by automated tools or manually, User-generated content. If Buddy Pacer considers that such User-generated content infringes applicable laws or these GTU, it reserves the right to:

  • prevent its publication or remove such User-generated Content;
  • send a warning to the User reminding them of the obligation to comply with applicable law or these GTU.
 

Buddy Pacer’s use of such automated tools or manual moderation shall not be interpreted as a commitment to monitor or an obligation to actively seek illegal activities or User-generated content posted on the Platform and, to the extent permitted by applicable law, shall not give rise to any liability for Buddy Pacer.

 

  1. Limit

Buddy Pacer reserves the right to suspend your Account, limit its access to the services, or terminate these GTU if you have received at least one negative rating in the comments, depending on the seriousness of the feedback left by Users in their review.

 

5. Non-commercial and non-business purpose of the Services and the Platform

You agree to use the Services and the Platform only to get in touch, for non-commercial and non-business purposes, with people who wish to share a sporting activity.

 

6. Disclaimer for Buddy Pacer

Disclaimer and Assumption of Risk

The User acknowledges and agrees that the use of the Buddy Pacer application is at their own risk. Buddy Pacer is a platform that facilitates connections between runners, but it does not supervise, validate, or guarantee the safety of meet-ups, routes, weather conditions, or the physical preparedness of participants.

 

The User is solely responsible for assessing their health and physical capacity before participating in any activity and agrees to consult a medical professional in case of doubt. Buddy Pacer is not liable for accidents, injuries, bodily harm, permanent disability, or death that may result from the use of the application or participation in activities organised through it.

 

Furthermore, Buddy Pacer assumes no responsibility for acts of third parties, including other Users, event organisers, or participants. In the event of a dispute between Users, they release Buddy Pacer from any claims, damages, or losses.

 

By using the app, the User accepts these conditions and expressly waives any right to claim against Buddy Pacer, its developers, partners, or affiliates for damages arising from the use of the platform.

 

7. Disclaimer for the Activity Creator

Limitation of Liability of the Activity Organiser

The organiser or creator of an activity on Buddy Pacer acknowledges that their role is purely informative and does not entail responsibility for the safety, environmental conditions, or physical preparedness of participants.

 

Runners who join the activity do so at their own risk and accept that the organiser is not responsible for injuries, accidents, bodily harm, or death that may occur during the activity.

 

Each participant must assess their health and conditions before joining the activity, assuming full responsibility for their well-being. Likewise, the organiser is not responsible for acts of third parties or for participants’ behaviour.

 

By registering for or participating in an activity created on Buddy Pacer, the User agrees to release the organiser from any claim, demand, or legal action arising from their participation.

 

8. Intellectual Property

All content and features of the Application—such as texts, graphics, logos, button icons, images, data compilations, and software—are the exclusive property of Buddy Pacer, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

Users are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Application solely for personal, non-commercial purposes in accordance with these Conditions.

 

Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Application, except in the following cases:

  • Your computer may temporarily store copies of materials incidental to your access and viewing.
  • You may store files that your web browser automatically caches for display enhancement purposes.
 

The name, logo, and all related names, logos, product and service names, designs, and slogans associated with Buddy Pacer are trademarks of Buddy Pacer. Users must not use such marks without Buddy Pacer’s prior written consent.

 

9. Communications and written notices

By using the Application, the User agrees that most communications with Buddy Pacer will be conducted electronically (email).

Likewise, unless otherwise stipulated, Buddy Pacer may contact and/or send notices to the User via their email address or phone number.

and will process your personal information as described in its privacy policy.

 

10. Waiver

Buddy Pacer’s waiver of a particular right or legal action, or its failure to require the User’s strict performance of any of their obligations, shall not constitute a waiver of other rights or actions arising from the Conditions, nor shall it release the User from compliance with their obligations.

 

11. Severability

If any of these Conditions is declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and unaffected by such declaration of nullity.

 

12. Data protection

The personal data you provide to Buddy Pacer when registering for the Application and throughout your relationship with us will be processed in accordance with the following documents:

  • Privacy Policy.
  • Cookie Policy.
  • Terms and Conditions of Use.
 

By accessing, browsing, and/or using the Application, the User accepts the processing of such information and data and declares that all information or data provided is truthful.

 

13. Applicable law and jurisdiction

Access to, browsing, and/or use of this Application shall be governed by Spanish law.

 

Any dispute, issue, or discrepancy arising from access to, browsing, and/or use of the Application, or related thereto, and with the interpretation and performance of these Conditions, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

14. Updates to the Conditions

Buddy Pacer reserves the right to modify these Conditions at any time. Users will be notified of any changes through the Application. Continued use of Buddy Pacer’s services after such changes constitutes acceptance of the updated Conditions. Users are encouraged to review the Conditions regularly.

 

15. Divisibility

If any provision of these Conditions proves unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the remaining Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions of this document.

 

16. Termination

Buddy Pacer may terminate or suspend access to our services immediately, without prior notice and without any liability, for any reason, including, by way of example, the User’s breach of these Conditions. In the event of termination, your right to use the service shall cease immediately. Users may cancel their accounts at any time by contacting Buddy Pacer customer support at: admin@buddypacer.com