Terms of Service

Effective date: 2026-05-17 Last updated: 2026-05-17

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Performa Creative ("Agaru", "we", "us", or "our"), governing your use of Agaru's mobile applications, watch applications, web applications, and gym-display software (collectively, the "Service").

By creating an account, installing the app, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a business (a gym), you represent that you have authority to bind that business to these Terms.

2. Eligibility

You may use the Service only if:

• You are at least 16 years old, or you are between 13 and 16 and have verifiable consent from a parent or legal guardian. (See Privacy Policy §9.)
• You are not barred from using the Service under the laws of Hashemite Kingdom of Jordan or your country of residence.
• You are not on any sanctions list maintained by the United Nations, the European Union, the United States, or Hashemite Kingdom of Jordan.

3. Health & medical disclaimer ⚠️

Read this carefully. Agaru is a fitness leaderboard and class management product. It is not a medical device, not a medical service, and not a substitute for professional medical advice, diagnosis, or treatment.

• Heart-rate readings displayed by Agaru are sourced from your consumer-grade fitness watch and are intended for fitness use only. They are not clinically validated.
• We do not diagnose conditions, prescribe treatment, or provide medical recommendations.
• The HR-zone-based scoring assumes you have a typical adult cardiovascular response. It is not appropriate if you have a cardiac condition, are pregnant, are on heart-rate-affecting medication (beta blockers, etc.), have a pacemaker, or are otherwise medically advised to limit exertion.
• Consult a qualified physician before participating in any exercise program, and especially before using a leaderboard product that explicitly rewards higher exertion.
• If you experience chest pain, dizziness, shortness of breath beyond normal exertion, or any other warning sign during a class, stop immediately regardless of what your watch or the leaderboard shows.

By using the Service you agree that any decision you make about your physical activity is your own, taken with full knowledge that Agaru is not a medical advisor.

4. Your account

4.1 Registration

You must provide accurate, complete information when registering, and keep it up to date. You are responsible for the security of your account credentials. Notify us immediately at support@agarufit.com if you suspect unauthorized access.

4.2 One account per person

Do not share your account, sell access to it, or create multiple accounts for the same individual. Coaches and gym staff at the same gym may have separate accounts with appropriate roles.

4.3 Accuracy on the leaderboard

The leaderboard shows scores derived from your watch's HR data. Do not falsify, manipulate, or attempt to spoof HR data to inflate your rank — including by lending your watch to another person, using a non-paired watch, or using third-party tools to alter HR samples. We reserve the right to suspend accounts that engage in this behavior.

5. Gym customers ("Tenants")

If you are a gym signing up as a customer of Agaru:

• The gym ("Tenant") is responsible for the actions of its members and staff using the Service under the gym's tenant.
• Tenants must enter into a separate Master Service Agreement (MSA) governing pricing, support, and uptime commitments. (TODO: draft MSA.)
• Tenants act as the data controller for their members' booking and attendance data; Agaru acts as the data processor. See our Data Processing Addendum (DPA), available on request at support@agarufit.com.

6. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose, including violation of fitness, health-data, or consumer-protection laws.
• Reverse-engineer, decompile, or disassemble the apps, except as expressly permitted by applicable law (e.g., for interoperability under EU Directive 2009/24/EC Article 6).
• Scrape, harvest, or systematically extract data from the Service.
• Send automated traffic against our APIs beyond rate limits we publish or apply.
• Impersonate another person or entity, or misrepresent your affiliation with a gym.
• Upload or transmit malware, viruses, or content designed to harm the Service or other users.
• Attempt to gain unauthorized access to other users' accounts, gym data, or our infrastructure.
• Use the Service to harass, threaten, defame, or discriminate against other users (including via shoutouts, leaderboards, or in-app chat).
• Use the Service in jurisdictions where it has not been made available.

We reserve the right to suspend or terminate accounts that violate this section, with or without notice depending on severity. You may appeal a suspension by emailing support@agarufit.com.

7. Pricing & payment

Note: at the time these Terms take effect, Agaru does not charge athletes directly. Gyms (Tenants) pay subscription fees under their separate MSA. If we introduce direct-to-athlete charging in the future (e.g., a Premium tier), this Section will be updated and you will be notified before any charges occur.

If we introduce paid plans for athletes:

• Prices and billing terms will be displayed in-app before purchase.
• We will use a third-party payment processor (e.g., Apple In-App Purchase, Google Play Billing, or a card processor). Your payment data is handled by them — we never see your card number.
• Refunds are governed by the rules of the applicable app store (App Store, Play Store) or the payment processor for web-based purchases.
• Subscription auto-renewal can be canceled in your account settings or via your app store at least 24 hours before the renewal date.

8. Intellectual property

8.1 Our IP

The Service, including its software, design, logos, and content (excluding content you contribute), is owned by Performa Creative and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal fitness or, if you are a gym customer, for operating your gym's classes. This license ends if you stop using the Service or breach these Terms.

8.2 Your IP

You retain all rights to content you contribute (e.g., profile photos, gym logos uploaded by tenants, coach shoutouts). By contributing content, you grant us a worldwide, royalty-free, non-exclusive license to store, display, and transmit that content solely as needed to operate the Service for you. We do not claim ownership and we do not use your content for advertising, model training, or other unrelated purposes.

8.3 Feedback

If you send us feedback or suggestions, we may use them without obligation to you. We will not attribute or compensate you for feedback unless we agree otherwise in writing.

9. Service availability

We strive to keep the Service available 24/7, but:

• We may take the Service down for maintenance, with or without notice depending on urgency. Planned maintenance is normally communicated 24 hours in advance.
• The Service depends on third-party infrastructure (Oracle Cloud, Apple, Google, Internet providers); outages of these are outside our control.
• During a class, if our servers are unavailable, watches will queue HR samples locally and upload when connectivity returns; the leaderboard may be delayed but should reconcile.

We make no uptime guarantee to individual athletes. Gym customers (Tenants) are covered by the uptime SLA in their MSA, if any.

10. Termination

10.1 By you

You may stop using the Service at any time. To delete your account and data, use Profile → Delete Account in the app, or email support@agarufit.com. We will process the deletion within 30 days as described in our Privacy Policy §7.

10.2 By us

We may suspend or terminate your access:

• Immediately, if you breach these Terms in a way that puts other users or the Service at risk (e.g., security violations, abuse).
• With 30 days' notice, for any other reason at our discretion (rare; we will explain).

If we terminate your account other than for cause, we will provide a 30-day window for you to export your data via the rights process in Privacy Policy §8.

10.3 Survival

Sections 3 (Health Disclaimer), 8 (IP), 11 (Disclaimers), 12 (Liability), 13 (Indemnity), 14 (Disputes), and 15 (General) survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, error-free, secure, or free of harmful components
• That heart-rate readings, scores, ranks, or any output is medically accurate, suitable for medical decisions, or accurate to within a particular tolerance
• That data you submit will not be lost (we maintain backups but no system guarantees zero loss)

Some jurisdictions do not allow disclaimer of certain warranties; in those cases the disclaimers above apply to the maximum extent permitted by applicable law.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Performa Creative AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD 100.

The above limits do not apply to:

• Liability for death or personal injury caused by our gross negligence or willful misconduct (where law disallows limitation)
• Liability for fraud or fraudulent misrepresentation
• Other liabilities that cannot be limited under applicable law (e.g., consumer rights in the EU, KSA, UAE)

13. Indemnity

You agree to indemnify and hold harmless Performa Creative from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your misuse of the Service
• Content you contribute that violates a third party's rights
• Your willful misrepresentation of HR data, identity, or rank

This Section does not apply to claims by consumers in jurisdictions where such indemnification is unenforceable (e.g., the EU under unfair-terms doctrine).

14. Disputes & governing law

14.1 Governing law

These Terms are governed by the laws of Hashemite Kingdom of Jordan without regard to its conflict-of-laws principles.

Internal note: for a MENA-launched product with eventual EU/US users, common choices for Hashemite Kingdom of Jordan are:

• DIFC (Dubai International Financial Centre) — common-law jurisdiction in the UAE, English-language courts, well-respected for tech disputes.
• ADGM (Abu Dhabi Global Market) — similar to DIFC.
• Saudi Arabia (Riyadh) — if Performa Creative is a Saudi entity.
• Jordan (Amman) — if Performa Creative is a Jordanian entity. Pick based on your incorporation and consult local counsel before publishing.

14.2 Informal resolution first

Before filing any formal claim, please email support@agarufit.com describing the issue. We will respond within 30 days. Most disputes can be resolved this way.

14.3 Arbitration (binding)

If informal resolution fails, any remaining dispute will be resolved by binding arbitration at Amman, Jordan under its arbitration rules, conducted in English, by a single arbitrator. The award will be enforceable in any court of competent jurisdiction.

Internal note: common choices for Amman, Jordan matched with the governing-law options above:

• DIFC-LCIA Arbitration Centre (Dubai)
• ADGM Arbitration Centre (Abu Dhabi)
• Saudi Center for Commercial Arbitration (SCCA) (Riyadh)
• Amman Centre for Arbitration & Mediation (ACAM) (Jordan)

14.4 Consumer carve-outs

If you are a consumer in the EU, UK, KSA, UAE, or Jordan, you retain the right to:

• Sue or defend in your country of habitual residence
• Rely on consumer protections that cannot be waived under your country's mandatory law

The arbitration clause in §14.3 does not deprive you of those rights.

14.5 No class actions

To the extent permitted by law, all disputes will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or representative action against Performa Creative.

15. General

15.1 Entire agreement

These Terms, together with the Privacy Policy and any MSA between Agaru and a Tenant, are the entire agreement between you and us regarding the Service, superseding all prior discussions or agreements.

15.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets, with notice to you.

15.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.

15.4 No waiver

Our failure to enforce any provision is not a waiver of that provision or our right to enforce it later.

15.5 Notices

We may send notices to you by email, in-app message, or by posting on this page. You may send notices to us at support@agarufit.com or Available on request — email support@agarufit.com.

15.6 Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, civil unrest, government action, internet or power outages, or pandemics — provided the affected party uses reasonable efforts to mitigate.

15.7 Changes

We will revise these Terms when we add features, change pricing, or respond to legal changes. We will:

• Update the "Last updated" date
• For material changes, give at least 30 days' notice by email and in-app
• For non-material clarifications, post the updated Terms with no separate notice

Continued use of the Service after a material change constitutes acceptance.

16. Contact

• General: support@agarufit.com
• Legal notices: support@agarufit.com (subject: "Legal Notice") or Available on request — email support@agarufit.com
• Postal: Available on request — email support@agarufit.com