Exec Capacity
Terms of Service
Effective: April 13, 2026 Last Updated: April 13, 2026
These Terms of Service ("Terms") govern your access to and use of the Exec Capacity mobile application, the stevemesler.net website, and any related services (collectively, the "Service") provided by Mesler Performance Group ("Mesler," "we," "us," or "our"). Please read them carefully.
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years of age and capable of entering into a binding contract to use the Service. By using the Service, you represent that you meet these requirements. The Service is currently offered by invitation during an initial pilot phase, and access is granted at our discretion.
2. The Service
Exec Capacity is a coached performance program delivered through a mobile application, offered by Mesler Performance Group. It includes training programming, habit tracking, goal-setting frameworks, reflection tools, curated reference content, and coaching communication. The specific features available to you may vary depending on your program level and may change over time.
The Service is delivered on a white-labelled application built on the Everfit platform. The stevemesler.net website is hosted on Wix. Third-party integrations (such as Apple Health, Oura, Garmin, Fitbit, Google Calendar, and Outlook) are optional and governed by their own terms.
3. Account Registration and Security
To use the Service you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at admin@meslerpg.com if you suspect unauthorized use.
4. Not Medical Advice
The Service provides general fitness, nutrition, habit, and performance coaching content. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult a qualified physician or healthcare provider before beginning any exercise program, changing your diet, or making other health-related decisions, particularly if you have any existing medical condition, are pregnant, or are taking medication.
You assume full responsibility for your health decisions and for any risks associated with physical activity. If you experience pain, dizziness, shortness of breath, or any other symptom during training, stop immediately and seek medical attention.
5. Coaching Relationship
Coaching provided through the Service is performance coaching, not therapy, counseling, medical treatment, or financial advice. Our coaches offer guidance based on experience and the Mesler methodology, but they are not licensed medical, mental health, legal, or financial professionals. For matters requiring professional expertise, please consult a qualified practitioner.
6. Fees and Payment
During the initial pilot phase, access to the Service is provided by invitation and on terms communicated to you directly. In the future, the Service may be offered on a subscription or other paid basis. If paid plans are introduced, details regarding pricing, billing, renewal, and refunds will be provided at the time of enrollment and will be subject to these Terms or a separate agreement.
7. Acceptable Use
You agree not to:
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Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
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Share your account credentials with others or allow anyone else to use your account;
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Copy, reproduce, distribute, publicly display, or create derivative works of any content from the Service without our written permission;
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Reverse engineer, decompile, or attempt to extract the source code of the Service;
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Interfere with or disrupt the integrity, security, or performance of the Service;
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Upload or transmit viruses, malware, or other malicious code;
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Harass, abuse, or harm another person through the Service, including through messaging features;
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Use the Service to compete with Mesler or to build a similar or competitive product.
8. Intellectual Property
All content, materials, frameworks, programming, graphics, logos, trademarks, and software provided through the Service are owned by Mesler Performance Group or its licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms.
The Mesler methodology, the Big Five framework, the Exec Capacity program name, the Capacity Protocols, and all related program assets remain the exclusive property of Mesler Performance Group.
9. Your Content
You retain ownership of any content you create within the Service (for example, notes, reflections, and uploaded data). By submitting content, you grant Mesler a worldwide, non-exclusive, royalty-free license to use, store, display, and process that content solely for the purpose of providing and improving the Service. We will not sell your content or use it for advertising.
10. Third-Party Services
The Service may integrate with or link to third-party services and platforms. We do not control and are not responsible for the content, policies, or practices of any third-party service. Your use of any third-party service is governed by the terms and privacy policy of that service.
11. Termination
You may stop using the Service at any time and request account deletion as described in our Privacy Policy. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms or conduct that we believe is harmful to other users, to us, or to third parties. Upon termination, your right to use the Service immediately ceases.
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Mesler disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any results or outcomes will be achieved through use of the Service.
13. Limitation of Liability
To the fullest extent permitted by law, Mesler Performance Group and its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.
In any case, our aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid to us in the twelve months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).
14. Indemnification
You agree to indemnify and hold harmless Mesler Performance Group and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another party.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree that any disputes arising out of or relating to these Terms or the Service will be resolved in the courts located in Calgary, Alberta, Canada, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page and, where appropriate, provide additional notice through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
17. Miscellaneous
If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of those rights. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mesler regarding the Service.
18. Contact Us
Questions about these Terms should be sent to:
Mesler Performance Group Calgary, Alberta, Canada
Website: stevemesler.net
admin [at] meslerpg [dot] com