Legal

Terms & Conditions

Last updated: 2026

1. Who you are contracting with

SURGE Fuel is operated by Mericle Collective, LLC, a limited liability company based in Northglenn, Colorado, United States, trading as SURGE Fuel and The Surge Athletics ("we", "us", "our"). By creating an account or using the app you are entering into an agreement with Mericle Collective, LLC.

2. Acceptance of these terms

By accessing or continuing to use SURGE Fuel, you agree to these Terms & Conditions. If you do not agree, please stop using the service. If you are creating an account on behalf of a household, team, or organization, you confirm you have the authority to do so. If you are under the age of 18, a parent or guardian must hold the account and accept these terms on your behalf.

3. What SURGE Fuel provides

SURGE Fuel is a subscription web application that helps parents and young athletes plan what and when to eat around training and competition. It includes the Performance Ladder program, meal ideas, daily completion tracking, prep and shopping lists, estimated fueling ranges, and the Dine Smart restaurant guide.

Educational information only. SURGE Fuel does not provide medical, dietetic, or clinical advice, and it is not a substitute for care from a pediatrician or a sports registered dietitian. Calorie and macronutrient figures shown in the app are estimates and starting points, not prescriptions or limits. Always consult a qualified provider before changing an athlete's nutrition, hydration, or training — and especially in cases of unexplained weight loss, persistent fatigue, declining performance, recurring injury, menstrual disruption, or concerns about growth or eating behavior.

4. Your account

You must provide accurate information and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity that happens under your account. Tell us promptly if you believe your account has been accessed without your permission.

5. Acceptable use

You agree not to misuse the service. In particular, you must not:

  • use SURGE Fuel for any unlawful purpose, or in breach of any applicable law or regulation;
  • engage in fraud, spam, or any attempt to deceive us or other users;
  • infringe our intellectual property or that of any third party;
  • interfere with the security or integrity of the service — including introducing malware, probing or scanning our systems, bypassing access controls, or scraping content in bulk;
  • reverse engineer, decompile, resell, or redistribute the service or its content;
  • share your account credentials with people outside your household.

6. Licence and intellectual property

Subject to these terms and your active subscription, we grant you a limited, non-exclusive, non-transferable right to use SURGE Fuel for personal, household use. We retain all ownership of the service and its intellectual property, including the software, the Performance Ladder methodology, the meal and dining content, written materials, video content, and branding. Nothing in these terms transfers any of those rights to you.

7. Your content

You keep ownership of the athlete profiles, logs, events, and other information you enter. You grant us a limited licence to host and process that content solely so we can provide the service to you.

8. Service availability

We work to keep SURGE Fuel available and accurate, but we do not guarantee uninterrupted or error-free performance. Access may be unavailable during maintenance, updates, or events outside our reasonable control. Features may change, improve, or be discontinued over time.

9. Payment and subscription terms

SURGE Fuel is offered as a monthly or annual subscription following a 3-day free trial. Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel or change your plan at any time from the Billing page in the app; cancellation takes effect at the end of the period you have already paid for.

Payment, billing, tax, invoicing, cancellation, and refund mechanics are governed by Paddle's Buyer Terms. Please also see our Refund Policy.

10. Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

11. Suspension and termination

We may suspend or terminate your access if you materially breach these terms, fail to pay, create a security or fraud risk, or repeatedly or seriously violate our acceptable use rules. You may stop using the service at any time. When access ends, you may request an export of your athlete data within 30 days, after which it may be deleted or anonymised.

12. Warranties and liability

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose. We are not liable for indirect, consequential, or special damages, including loss of profits, data, or goodwill. Our total aggregate liability is limited to the fees you paid in the 12 months before the claim. Nothing in these terms limits liability for fraud, death, or personal injury where the law does not permit that limitation.

You agree to indemnify us against claims arising from the content you submit, your unlawful use of the service, or your breach of these terms.

13. Governing law and disputes

These terms are governed by the laws of the State of Colorado, United States, and disputes will be heard by the courts located in Colorado, without regard to conflict-of-law rules.

14. Changes and assignment

We may update these terms as the service evolves; continued use after an update means you accept the revised terms. You may not assign your rights without our consent. We may assign these terms as part of a merger, acquisition, or sale of assets. Neither party is responsible for delays caused by events beyond its reasonable control.

15. Contact

Mericle Collective, LLC — Northglenn, Colorado, United States. Questions about these terms can be sent through the support contact listed in the app; billing and order questions are handled by Paddle at paddle.net.