Terms of Service

2.1 Age Requirements

You must be at least 18 years old and legally capable of entering into binding contracts to create an account. Our Services are designed for parents and legal guardians of competitive teen athletes. By creating an account, you represent that you are the parent or legal guardian of the athlete(s) for whom you are creating profiles.

Athletes must be at least 14 years old to have a profile. Athletes under 18 may access their profile only through a parent-initiated invite and under parental supervision.

2.2 Account Registration

You agree to provide accurate, current, and complete information during registration, maintain the security of your credentials, notify us immediately of any unauthorized use, and accept responsibility for all activities under your account.

You may not create an account using false information, create multiple accounts for the same household without authorization, share credentials with others, or allow unauthorized access to your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

3.1 Platform Overview

PN23 provides an online nutrition education platform for competitive teen athletes (ages 14–18) and their parents. Our Services include:

• 12 comprehensive nutrition modules (fueling basics, carbohydrates, pre/post-practice nutrition, game day fueling, recovery, sport-specific guidance, and more)
• Video lessons, written guides, and interactive content
• Progress tracking and module completion certificates
• Free carbohydrate calculator, meal planning templates, shopping lists, and downloadable resources
• Direct access to ask questions via email
• Evidence-based nutrition guidance from a Registered Dietitian
• Ability to create 1 athlete profile per base subscription (additional athletes available in higher tiers)

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including adding, removing, or updating educational modules. We will provide reasonable notice of material changes. Your continued use after such changes constitutes acceptance.

4.1 Subscription Plans

Beta Pricing (Limited Availability): $19/month, locked in forever for qualifying beta members, including a 14-day free trial and access to all current and future modules.

Future Pricing: PN23 will introduce tiered subscription plans at higher price points as the platform grows. Beta members retain their $19/month rate indefinitely as long as they maintain continuous service.

4.2 Free Trial

New subscribers receive a 14-day free trial with full access. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the applicable monthly rate. Free trial is available once per household.

4.3 Billing and Payment

All payments are processed securely through Stripe. Your subscription automatically renews each month. You authorize us to charge your payment method on a recurring basis for monthly subscription fees, applicable taxes, and any other charges you incur.

If a payment fails, we will attempt to process it again. Repeated failures may result in suspension or cancellation of your subscription. You remain responsible for any uncollected amounts.

4.4 Pricing Changes

Beta pricing of $19/month is locked in forever for qualifying subscribers as long as they maintain continuous service. If you cancel and re-subscribe, you will be charged the current standard rate at that time.

We reserve the right to change standard subscription prices at any time with at least 30 days' notice. Continued use after a price increase constitutes acceptance.

4.5 Taxes

You are responsible for any applicable sales, use, value-added, or other taxes or duties, excluding taxes based on our net income.

5.1 Cancellation Policy

You may cancel your subscription at any time through your account settings or by emailing guy@pn23.app with subject "Cancel Subscription." Cancellations are effective at the end of your current billing period. No partial refunds for unused time.

After cancellation, your account and athlete data will be retained for 90 days. You may reactivate within 90 days without re-entering information. After 90 days, all data is permanently deleted.

5.2 Refund Policy

If you cancel during your 14-day free trial, you will not be charged. We do not provide refunds for partial months of paid service. Refunds may be provided at our discretion for billing errors, duplicate charges, or extended technical outages.

To request a refund, email guy@pn23.app with subject "Refund Request" including your account email and reason.

5.3 Our Right to Terminate

We reserve the right to suspend or terminate your account for violation of these Terms, fraudulent or illegal activity, abusive behavior, non-payment of fees, or any other reason at our sole discretion. No refund is owed if we terminate for Terms violations.

6.1 Acceptable Use

You agree NOT to:

• Violate any applicable law or infringe on intellectual property rights
• Share, distribute, or resell any module content or materials
• Screenshot, record, or copy module content for distribution to others
• Transmit harmful, threatening, abusive, or defamatory content
• Attempt unauthorized access to our systems or other accounts
• Use automated systems (bots, scrapers) without permission
• Share account credentials with anyone other than authorized athlete users
• Share account access with other families

6.2 Nutrition and Medical Disclaimer

Not Medical Advice. Information provided through our Services is for educational purposes only and is not intended as medical advice, diagnosis, or treatment. Our content is created by a Registered Dietitian but is general in nature and may not be suitable for every individual.

Always consult your athlete's physician or healthcare provider before making significant dietary changes. Do not use our Services as a substitute for professional medical care. If your athlete experiences severe fatigue, fainting, rapid weight loss, disordered eating behaviors, or other concerning health issues, seek immediate medical attention.

It is your responsibility to disclose food allergies and dietary restrictions and adapt meal suggestions accordingly.

We are not liable for any adverse effects, injuries, or health outcomes resulting from your use of the information provided through our Services. By using our Services, you acknowledge and accept this risk.

7.1 Our Ownership

All content, features, and functionality — including educational modules, videos, tools, calculators, meal plans, templates, graphics, logos, software, and the PN23 brand — are owned exclusively by Guy Marshall Nutrition LLC DBA PN23 - Performance Nutrition and protected by applicable intellectual property laws. All Rights Reserved.

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial use. This license does NOT permit you to share, distribute, or resell PN23 content, use it for commercial purposes, modify or create derivative works, or remove copyright notices.

Screenshots and recordings of module content are permitted ONLY for personal use with your own athlete(s). Any sharing, online posting, or distribution to others is strictly prohibited.

7.3 User Submissions

If you submit feedback, testimonials, questions, or other content to us, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, and display such submissions for any purpose, including marketing. We may use your first name, athlete's sport, and general feedback in testimonials unless you request anonymity.

7.4 DMCA and Copyright Complaints

If you believe content on our Services infringes your copyright, contact us at guy@pn23.app with identification of the copyrighted work, identification of the allegedly infringing material, your contact information, and a good faith statement and your signature.

9.1 Service Availability

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We do not warrant that our Services will be uninterrupted, secure, or error-free.

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY OR RELIABILITY OF CONTENT.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PN23 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.4 State Law Exceptions

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such states, our liability will be limited to the greatest extent permitted by law.

11.1 Informal Resolution

Before filing any formal legal action, contact us at guy@pn23.app to attempt informal resolution. We will make a good faith effort to resolve disputes through negotiation.

11.2 Governing Law

These Terms shall be governed by the laws of the State of Colorado, without regard to conflict of law principles.

11.3 Jurisdiction and Venue

Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Douglas County, Colorado. You consent to personal jurisdiction of such courts.

11.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11.5 Time Limitation

Any claim or cause of action arising from your use of our Services or these Terms must be filed within one (1) year after it arose, or be forever barred.

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PN23 regarding your use of our Services.

12.2 Modifications to Terms

We reserve the right to modify these Terms at any time with at least 30 days' notice before material changes take effect. Continued use after the effective date constitutes acceptance.

12.3 Severability

If any provision of these Terms is found invalid, the remaining provisions continue in full force and effect.

12.4 Waiver

Our failure to enforce any right or provision shall not constitute a waiver. Any waiver must be in writing.

12.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.6 Force Majeure

We are not liable for failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, government actions, or internet service failures.

12.7 Electronic Communications

By using our Services, you consent to receive electronic communications from us and agree that such communications satisfy any legal requirement that they be in writing.