Terms of Use | Performance Advantage Studio

PERFORMANCE ADVANTAGE STUDIO (PAS)

Effective Date: May 7, 2026

1. Introduction

Welcome to Performance Advantage Studio (“PAS,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the PAS website, services, protocols, memberships, communications, and related materials (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

PAS provides neuroscience-informed cognitive performance guidance and operational recommendations for professionals operating in high-demand environments. PAS is not a medical provider, healthcare provider, psychological practice, or licensed clinical service.

If you do not agree to these Terms, do not use the Services.

2. The Services

PAS provides educational and informational cognitive performance guidance, including but not limited to:

PAS High-stakes Protocols
PAS Membership
PAS Member Protocols
travel and recovery protocols
sleep and recovery guidance
calendar and focus architecture recommendations
cognitive load management guidance
wearable-informed recommendations
performance briefings
operational recommendations delivered through email, messaging platforms, dashboards, or other communication channels

The Services are intended to help users better understand and manage factors that may influence cognitive performance, recovery, attention stability, travel adaptation, and operational readiness.

PAS does not provide:

medical advice
psychiatric advice
psychological treatment
diagnosis
therapy
healthcare services
emergency services
investment advice
legal advice
fiduciary advice
employment advice
guaranteed business-performance outcomes

3. Informational Use Only — No Medical or Professional Advice

The Services are for informational and educational purposes only.

PAS recommendations, protocols, interpretations, and communications are not medical advice and are not a substitute for professional healthcare, psychiatric care, psychological treatment, legal advice, financial advice, or professional judgment.

Participation in PAS does not create:

a physician-patient relationship
therapist-client relationship
fiduciary relationship
advisory relationship
employer-employee relationship

You remain solely responsible for:

your health decisions
your professional decisions
your business decisions
your travel decisions
your scheduling decisions
your use or non-use of PAS recommendations

Always consult qualified healthcare professionals before making significant changes involving sleep, supplements, caffeine intake, nutrition, exercise, recovery practices, medications, or other health-related activities.

If you believe you are experiencing a medical or mental-health emergency, call emergency services immediately.

4. No Outcome Guarantees

PAS does not guarantee:

cognitive-performance improvements
business outcomes
meeting outcomes
deal outcomes
investment outcomes
decision quality
travel recovery timelines
energy levels
sleep improvements
financial outcomes
professional advancement

Individual responses vary significantly.

Any examples, testimonials, case studies, or illustrative outcomes are informational only and do not guarantee similar results.

5. AI, Recommendations, and Decision Responsibility

PAS may generate recommendations using:

user-provided inputs
wearable data
scheduling information
travel information
questionnaire responses
rule-based systems
software systems
algorithmic systems
AI-assisted systems

PAS provides informational guidance only.

PAS does not make decisions on behalf of users.

All professional, operational, financial, legal, travel, scheduling, and business decisions remain solely the responsibility of the user.

Users should independently evaluate all PAS recommendations before acting on them.

PAS is not responsible for losses, damages, missed opportunities, business outcomes, or other consequences arising from reliance on recommendations or guidance.

6. Wearables and Third-Party Data

PAS may integrate with or rely upon data from third-party devices, platforms, and services, including but not limited to:

Oura
Whoop
Apple Health
Apple Watch
Garmin
Polar
Google services
calendar systems
messaging platforms

PAS does not manufacture, operate, or control these third-party systems.

PAS does not guarantee:

data accuracy
data completeness
uptime
synchronization reliability
wearable accuracy
uninterrupted integrations

Recommendations generated using inaccurate or incomplete data may also be inaccurate.

Your use of third-party services is governed by their own terms and privacy policies.

7. Eligibility

You must be at least 18 years old to use PAS.

By using PAS, you represent and warrant that:

you are at least 18 years old
you have legal capacity to enter these Terms
your use of the Services does not violate applicable law

8. Accounts and Access

Some Services may require:

account creation
intake forms
onboarding questionnaires
wearable connections
messaging-channel access
payment information

You agree to provide accurate and current information.

You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.

PAS may suspend or terminate access for:

violations of these Terms
abusive conduct
fraud or chargebacks
misuse of the Services
unlawful activity
security risks

9. Payments and Subscriptions

Certain PAS Services are paid offerings.

Pricing, billing cycles, and renewal terms will be disclosed at purchase.

PAS Membership subscriptions automatically renew unless canceled before the renewal date.

Users may cancel recurring subscriptions at any time.

Unless otherwise stated:

fees are non-refundable once Services have been delivered
unused portions of active billing periods are non-refundable
PAS may offer refunds at its discretion

PAS reserves the right to change pricing with reasonable notice.

10. Communications Consent

By using PAS and providing contact information, you consent to receive:

emails
SMS messages
WhatsApp messages
calendar notifications
operational briefings
onboarding communications
administrative notices
marketing communications

Message and data rates may apply.

You may opt out of marketing communications at any time.

Operational and account-related communications may still be necessary for service delivery.

11. Intellectual Property

All PAS content, materials, protocols, frameworks, graphics, text, designs, software, branding, and methodologies are owned by PAS or its licensors and protected by intellectual-property laws.

Users receive a limited, revocable, non-transferable license for personal, non-commercial use only.

Users may not:

reproduce
distribute
resell
sublicense
modify
reverse engineer
publicly display
create derivative works from

PAS materials without prior written consent.

12. Acceptable Use

You agree not to:

violate applicable laws
interfere with the Services
attempt unauthorized access
distribute malware
scrape PAS systems
impersonate others
misuse wearable integrations
use PAS for unlawful activity
infringe intellectual-property rights

PAS may suspend or terminate access for violations.

13. Privacy

Your use of PAS is also governed by the PAS Privacy Policy.

By using PAS, you consent to the collection, processing, storage, and use of information as described in the Privacy Policy.

14. Third-Party Services

PAS may rely upon third-party tools and providers including:

Stripe
Google Workspace
OpenAI
WhatsApp
Calendly
analytics providers
wearable integrations
cloud infrastructure providers

PAS is not responsible for third-party systems, outages, security incidents, or practices.

Use of third-party services is governed by their respective terms.

15. Disclaimer of Warranties

To the fullest extent permitted by law, PAS provides the Services “as is” and “as available,” without warranties of any kind, express or implied.

PAS disclaims all warranties including:

merchantability
fitness for a particular purpose
accuracy
reliability
availability
uninterrupted access
non-infringement

PAS does not warrant that:

recommendations will be effective
Services will meet user expectations
systems will operate uninterrupted
errors will not occur
integrations will always function

16. Limitation of Liability

To the fullest extent permitted by law, PAS and its affiliates, owners, contractors, employees, agents, licensors, and service providers shall not be liable for:

indirect damages
consequential damages
incidental damages
punitive damages
loss of profits
loss of data
loss of business opportunities
business interruption
travel losses
scheduling consequences
professional losses
reputational harm

arising from or related to the use of PAS.

PAS’s total aggregate liability shall not exceed the greater of:

$100 USD
or
the amount paid by the user to PAS during the prior 12 months.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

17. Indemnification

You agree to indemnify and hold harmless PAS and its affiliates, owners, contractors, employees, agents, and licensors from claims, liabilities, damages, costs, and expenses arising from:

your use of the Services
your violation of these Terms
your misuse of PAS recommendations
your unlawful conduct
your infringement of third-party rights

18. Termination

PAS may suspend or terminate access to the Services at any time for:

Terms violations
security concerns
fraud
abusive behavior
unlawful activity
operational reasons

Users may stop using PAS at any time.

Upon termination:

access rights cease
licenses terminate
outstanding obligations survive

Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution survive termination.

19. Governing Law

These Terms are governed by the laws of the State of California.

Any disputes shall be resolved exclusively in the state or federal courts located in San Diego County, California.

Users consent to personal jurisdiction in those courts.

20. Changes to These Terms

PAS may update these Terms periodically.

Updated Terms become effective upon posting.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

21. Contact

Performance Advantage Studio (PAS)
Andrea Gebhardt
San Diego County, California, USA
Email: andrea@performanceadvantagestudio.com