Using Rubicon
These Terms of Service apply to the website, athlete app, coaching platform, and related digital services provided by Rubicon Performance LLC (Rubicon, we, us, or our). By using these Services, you agree to these Terms. If you use the Services on behalf of an organization or a minor participant, you must have authority to do so.
Our Privacy Policy explains how we handle personal information. Optional wearable connections require separate authorization. Acceptance of these Terms does not itself authorize collection or sharing of connected health data.
If you have a signed fitness services agreement, that agreement controls your coaching services, payment obligations, cancellation rights, participation authorizations, and any other matter it specifically addresses. These Terms supplement that agreement and do not change its negotiated terms. If they conflict on the same subject, the signed agreement controls to the extent permitted by law.
Eligibility and account responsibilities
Provide accurate account information and keep it current. Protect your sign-in credentials, use only accounts you are authorized to access, and promptly report suspected unauthorized access. You are responsible for activity you authorize through your account.
A participant who cannot legally enter an agreement must have an authorized parent or guardian enter the applicable agreement and provide required permissions. Accounts for children under 13 require verified parent or guardian consent before collection of the child's personal information. Each connected provider's own age and eligibility rules also apply.
Coaching, health, and safety
Rubicon provides fitness, athletic performance, and educational services. The Services do not provide medical diagnosis or treatment and do not replace advice from a qualified healthcare professional.
Tell your coach about relevant injuries, limitations, or changes affecting your participation. Seek appropriate medical advice before training when necessary, and stop activity if you experience concerning symptoms. The app and messages are not emergency services and are not monitored continuously. Contact emergency services when urgent help is needed.
Results vary by person and circumstances. Training plans, recovery signals, and third-party measurements can be incomplete or inaccurate; they do not guarantee performance improvements, injury prevention, or readiness to exercise. Any participation waivers or authorizations are governed by your signed agreement and applicable law.
Paid services and cancellations
Your signed agreement, selected offer, and checkout disclosures state the applicable price, billing schedule, commitment, and cancellation terms. These Terms do not create a new fee, commitment, refund policy, or cancellation restriction.
Use the available billing tools or contact Rubicon for billing assistance. Disconnecting a wearable, uninstalling the app, or requesting deletion of information does not by itself cancel a coaching agreement or eliminate payment obligations under that agreement. Contact us to coordinate cancellation and privacy requests.
Acceptable use
Use the Services lawfully and only for purposes you are authorized to access. You must not:
- Access another person's account or private information without authorization, impersonate someone, or submit information you have no right to provide.
- Harass, threaten, abuse, or unlawfully discriminate against others, or upload unlawful or infringing material.
- Introduce malicious software, interfere with the Services, evade security or access controls, or scrape private information.
- Copy, resell, or distribute Rubicon's proprietary programs or content beyond your permitted use without written permission.
- Reverse engineer, decompile, or attempt to extract source code from the Services, except where applicable law gives you a right to do so; probe nonpublic network architecture or conduct security testing without authorization; or remove copyright, trademark, or other proprietary notices.
- Use the Services for unsolicited advertising, spam, or unauthorized solicitation of other participants, or in violation of applicable export-control or sanctions laws.
- Use connected-provider information for advertising, resale, unauthorized profiling, or any purpose outside the permission given by the athlete and the provider's applicable terms.
Public search engines may index publicly accessible pages subject to our technical access instructions. This permission does not cover private accounts or athlete information. You agree to reasonably cooperate with an investigation of suspected misuse involving your account, without waiving legal rights or disclosing privileged information.
Content and intellectual property
Rubicon and its licensors retain rights in the Services, branding, software, and original content, including training materials. Subject to these Terms and your agreement, you may access and use that content for your authorized participation in the Services. This does not transfer ownership or grant a right to resell it.
This limited permission includes downloading or printing content made available for that purpose for your own authorized use, with proprietary notices intact. You may link to our public pages without implying endorsement, impersonating Rubicon, or misleading people about the source of the content. Separate permission is required to use our branding beyond what the law permits.
You retain your rights in information, messages, media, and other content you provide. You grant Rubicon a limited, non-exclusive permission to host, store, transmit, display to authorized recipients, and process that content only as needed to provide and support the Services you request and as described in the Privacy Policy.
This permission does not authorize selling your content, publishing private athlete records, using health data for advertising or AI training, or using your likeness or testimonial for marketing. Promotional uses require separate permission. Connected-provider data remains subject to the provider's rights and restrictions, and deletion and withdrawal requests are handled under the Privacy Policy.
You must have the rights and permissions needed for content you submit, including permission to share another person's image or information. Notify us if submitted content violates someone else's rights. We may review or remove content that violates these Terms, but do not promise continuous monitoring or publication. We do not guarantee indefinite storage or availability of uploaded content; this does not restrict your privacy rights to access, obtain a copy of, or delete personal information.
Wearables and third-party services
Optional integrations, payment interfaces, and external websites are operated by third parties under their own terms and policies. A connection requires your authorization and may be unavailable if you do not meet the provider's requirements. Rubicon is responsible for its Services and its handling of data it receives; the provider is responsible for its own service.
Third-party measurements and integrations may change, become unavailable, or contain errors. We do not guarantee uninterrupted access to a provider or continued availability of an integration. You can withdraw an optional connection as explained in the Privacy Policy. Your use of Rubicon does not imply endorsement by Oura or another provider.
To the fullest extent permitted by law, third-party service providers, including Oura, provide their services and data without express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Those providers are not liable under these Terms for consequential, special, punitive, or indirect damages arising from your use of their services or data through Rubicon. These provisions do not limit any rights that cannot lawfully be excluded.
Availability and account termination
We may maintain, modify, or discontinue digital features and may suspend or end access to address security issues, unlawful activity, material breaches of these Terms, discontinuation of a service, or other lawful reasons. We provide notice where required and respect obligations under your signed agreement and applicable law, including restrictions on retaliation for exercising privacy rights.
You can stop using the digital Services and contact us to close your account. Termination of access does not change obligations already incurred under a signed agreement. Personal information is handled under our Privacy Policy, including the applicable deletion requirements for connected data.
Disclaimers and limits of liability
To the fullest extent permitted by law, the digital Services and general website content are provided as is and as available, without warranties of uninterrupted operation, error-free or complete content, a particular result, or correction of every error. We disclaim implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement except where such a disclaimer is prohibited or inconsistent with an express obligation in your signed agreement. These disclaimers do not remove our obligations to protect personal information.
To the fullest extent permitted by law, Rubicon and its employees, agents, affiliates, and licensors are not liable under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages. Unless your signed agreement provides otherwise for the claim, their combined aggregate liability arising from the digital Services under these Terms is limited to the greater of the amount you paid Rubicon in the preceding 12 months or $100.
These exclusions and limits do not apply where prohibited by law and do not exclude liability or consumer rights that cannot legally be excluded. Your signed agreement governs liability provisions specifically applicable to your coaching services.
Responsibility for third-party claims
To the extent permitted by applicable law, you agree to indemnify and hold harmless Rubicon and its employees and agents from third-party claims, liabilities, damages, and reasonable legal costs caused by your unlawful misuse of the Services, your material breach of these Terms, or content you submit that infringes another person's rights. This means responsibility for those third-party losses to the extent caused by that conduct.
This obligation does not apply to the extent a claim results from Rubicon's negligence, willful misconduct, or violation of law, and it does not waive nonwaivable consumer rights. We will give you reasonably prompt notice of a claim for which we seek indemnification and request reasonable cooperation in its defense. No settlement may impose an admission or nonmonetary obligation on you without your consent. A signed agreement controls indemnification matters it specifically addresses.
Governing law and disputes
Subject to mandatory applicable law, these Terms are governed by California law, without regard to its conflict-of-law rules. Unless your signed agreement provides otherwise or applicable law requires another forum, disputes arising under these Terms will be brought in the state or federal courts located in San Diego, California.
Subject to those exceptions, you and Rubicon consent to the personal jurisdiction of those courts and waive objections based on venue or inconvenient forum to the extent permitted by law. Rubicon may seek temporary injunctive or other equitable relief in another court that has jurisdiction when necessary to protect its rights. This does not prevent you from exercising a nonwaivable right to use a court or regulator available to you.
These Terms do not add an arbitration requirement or class-action waiver. Any dispute provisions in a separately signed agreement continue to govern the matters covered by that agreement.
Changes and general provisions
We may revise these Terms and display the updated date above. We provide notice of material changes as appropriate and obtain acceptance where required. A change to these public Terms does not amend a signed coaching agreement without the process required by that agreement and applicable law.
Additional terms for a particular feature apply when disclosed and accepted as required by law. They supplement these Terms and control a conflict only for that feature; they do not override a signed coaching agreement except through that agreement's required amendment process.
If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. A delay in exercising a right does not waive that right. Provisions intended to survive account closure, including accrued payment obligations, intellectual property protections, applicable indemnification, disclaimers, liability limits, and dispute provisions, continue as permitted by law. Survival does not extend a right to keep personal information beyond the Privacy Policy or applicable law.
