Legal

Terms of service

1. Agreement

These Terms of Service ("Terms") govern your use of DigitAquos, a swimming club management and individual training platform operated by OARA TECH S.R.L. (CUI: 53927238), Cluj County, Romania.

DigitAquos is available as a web application at app.digitaquos.com and as native mobile applications on iOS (App Store) and Android (Google Play). By creating an account or using DigitAquos on any platform, you agree to these Terms. If you do not agree, do not use the platform.

2. Eligibility

  • Users under 16 must have their account created and managed by a parent or legal guardian, who provides consent on their behalf.
  • Connecting a wearable device and any consent given from the account of a user under 16 are deemed to be given by that parent or legal guardian.
  • There is no minimum age to have an account, provided a parent or guardian assumes full responsibility for the account and its usage.
  • Club coaches who register minors are responsible for ensuring proper parental or guardian consent has been obtained.
  • When creating an individual account (not managed by a club), you must confirm at signup, via a mandatory checkbox, that you are either 16 or older, or the parent/legal guardian of the swimmer consenting to the processing of their data. An individual account for a swimmer under 16 may not be created without this parental/guardian consent.
  • Users aged 16 and above may create and manage their own account.

3. Account Types & Pricing

DigitAquos offers the following account types:

Club — Management (Free, permanent)

Admin dashboard, swimmer and group management, online registration with auto-generated PDF documents, attendance tracking, session rescheduling and absence notices, communication tools (chat, announcements, push notifications), and medical certificate and GDPR consent tracking. The app is available in 4 languages (Romanian, English, German, Hungarian).

Club Pro (Paid by the club)

Everything in Management plus the workout builder and automatic workout generation, season planning and periodization, and membership (subscription) management with in-app payments. Club Pro is priced by the club's total number of active swimmers, from €15/month for the smallest tier to €145/month for the largest; the full price table is published on our Pricing page. The first month is free (see Section 4).

Club Swimmer — Basic (Free)

Attendance tracking, gamification (badges, levels, streaks), activity history, and coach announcements.

Club Swimmer — Pro (€3.99/month or €39/year)

Everything in Basic plus wearable sync (Garmin, Apple HealthKit, Health Connect), health tracking, unlimited history, performance analytics, progression graphs, season comparison, coach feedback, personal best tracking, and full workout access. Swimmer Pro is separate from Club Pro: it can be paid by the swimmer or purchased by the club for several swimmers.

Individual Swimmer — Basic (Free)

Activity sync from connected watches, ready-made workouts from the app's library, and activity history.

Individual Swimmer — Pro (€9.99/month or €89/year)

Everything in Basic plus a personalised training plan, the daily workout with target paces, creating your own workouts, health data and training analyses, a daily readiness score, sending workouts to a Garmin watch, and full workout history and personal bests. Includes a 1 month free trial for new subscribers.

Club Website (Optional — Custom Pricing)

Professional club website hosted on a subdomain of DigitAquos or a custom domain, including homepage, registration page, gallery, announcements, and contact information. Pricing is discussed and tailored per club based on requirements. Hosting and maintenance are included as long as the club has an active DigitAquos account.

Prices are in EUR and include applicable taxes. We reserve the right to adjust pricing with 30 days' notice to existing subscribers. Usage limits (e.g., monthly workout generation limits) may be adjusted with notice.

4. Free Trial

Individual Swimmer Pro includes a 1 month free trial for new subscribers, and Club Pro includes a free first month for new clubs. The same rules apply to both:

  • During the trial, you have full access to all features of the plan.
  • No payment is charged during the trial period.
  • You may cancel at any time during the trial without being charged.
  • If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable monthly or annual fee.
  • Free trials are limited to one per person for Individual Swimmer Pro and one per club for Club Pro. Creating multiple accounts to obtain additional trials is not permitted.

5. Payments & Subscriptions

  • Paid subscriptions (Pro plans) are billed monthly or annually, depending on the plan selected.
  • For purchases made on our website, payment processing is handled by Stripe. We do not store credit card information on our servers.
  • Where a subscription is purchased through the Apple App Store, payment, renewal, cancellation, and refunds are handled by Apple under Apple's terms. App Store prices may differ from the prices shown on our website.
  • For clubs that bill their own members through the platform, payments are processed via Stripe Connect, where the club is the merchant of record, bears the applicable payment processing fees, and owns any disputes or chargebacks. Invoicing of the club's own members remains the club's own legal responsibility.
  • Subscriptions renew automatically unless cancelled before the renewal date.
  • You may cancel your subscription at any time. Access continues until the end of the current billing period.
  • Invoices for DigitAquos subscriptions are generated automatically through Oblio in compliance with Romanian e-invoicing regulations (e-Factura / ANAF).
  • Refunds are handled on a case-by-case basis. Contact us at razvanoara@digitaquos.com.

6. Right of Withdrawal

In accordance with EU consumer protection law (Directive 2011/83/EU) and Romanian legislation (OUG 34/2014), you have the following withdrawal rights:

  • You have 14 days from the date of your first payment to withdraw from your subscription and receive a full refund, without providing any reason.
  • During the free trial period, no payment is made and you may cancel at any time without any obligation.
  • To exercise your right of withdrawal, notify us by email at razvanoara@digitaquos.com, or through the withdrawal function in the app, where available, with a clear statement of your decision to withdraw (e.g., "I wish to cancel my subscription and request a refund").
  • For subscriptions purchased through the Apple App Store, withdrawal and refund requests are made through Apple.
  • Refunds will be processed within 14 days of receiving your withdrawal request, using the same payment method used for the original transaction.
  • At checkout, you expressly request that the service begin immediately. If you withdraw within 14 days, you receive a full refund.
  • Annual subscriptions: if you withdraw within 14 days of payment, you receive a full refund. After 14 days, you may cancel at any time but access continues until the end of your billing period with no partial refund.

7. Automatically generated and AI-assisted features

DigitAquos generates training plans and workouts with its own algorithmic engine. Some features may additionally use a third-party AI service (Google Gemini API). By using these features, you acknowledge and agree that:

  • Automatically generated content (training plans, workouts, insights) is supplementary guidance and does not constitute professional coaching, medical, or fitness advice.
  • For individual swimmers, plans and workouts are generated automatically, without a coach reviewing them beforehand. You should use this content alongside your own judgment and, where appropriate, consult qualified professionals.
  • When a feature uses a third-party AI service, only aggregated, non-identifying training and health metrics (such as averages and scores) are sent to it — never your name, email address, date of birth, or anything else that identifies you or your club. This data is transmitted securely and is not stored by the AI provider beyond the duration of the request.
  • Generated workouts and plans are adapted based on the data available. Accuracy depends on the quality and completeness of your connected wearable data and profile information.
  • Usage limits may apply per plan.
  • We reserve the right to modify, update, or discontinue these features at any time with notice.

8. Mobile Applications

DigitAquos is available as native mobile applications on iOS and Android. By using the mobile apps, you additionally agree that:

  • The mobile apps require an internet connection to function. The apps load content from our servers and do not operate offline.
  • Push notifications are delivered via Firebase Cloud Messaging. You can enable or disable push notifications at any time in your device settings.
  • On iOS, the app may request access to Apple HealthKit to read health data (heart rate, workouts, sleep). You can grant or revoke this permission in iOS Settings → Privacy → Health at any time.
  • On Android, the app may request access to Health Connect to read health data (heart rate, exercise, sleep). You can grant or revoke this permission in Android Settings → Health Connect at any time.
  • Health data read from HealthKit or Health Connect is transmitted securely to our servers and is subject to the same data protection standards described in our Privacy Policy.
  • The mobile apps are subject to the respective app store terms (Apple App Store Terms of Service, Google Play Terms of Service) in addition to these Terms.
  • App updates that require changes to native functionality will be delivered through the respective app stores. Web content updates are delivered automatically without requiring an app store update.

9. Acceptable Use

You agree not to:

  • Use DigitAquos for any purpose other than swimming club management, training, or personal fitness tracking.
  • Share your account credentials with others or allow unauthorized access.
  • Upload harmful, illegal, or offensive content through the communication features.
  • Attempt to access other users' data, reverse-engineer the platform, or interfere with its operation.
  • Use automated tools (bots, scrapers) to access the platform without written permission.
  • Abuse AI generation features (e.g., circumventing rate limits, using generated content for commercial redistribution).
  • Create multiple accounts to obtain additional free trials or circumvent usage limits.

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

10. Illegal Content and Point of Contact

In accordance with the Digital Services Act (Regulation (EU) 2022/2065):

  • Our single point of contact for authorities and users is razvanoara@digitaquos.com. You can write to us in Romanian or English.
  • You can report illegal content through the report function in the app or by email. Please include a description of the content and where it is located.
  • We review every report and inform the person who submitted it of our decision.
  • Content that breaks the law or these Terms may be removed and the accounts involved may be restricted. In that case, we give the affected user the reason for our decision.

11. Coach Responsibilities

If you register as a coach or club administrator, you accept additional responsibilities:

  • Ensuring that all swimmers registered under your club have provided proper consent (or parental consent for minors under 16).
  • Managing swimmer data within your club responsibly and in compliance with applicable data protection laws.
  • Not using health or medical data for purposes outside of swimming training and club management.
  • Promptly removing swimmers who are no longer part of your club.

12. Data Processing Agreement for Clubs

This section is the data processing agreement required by Article 28 of the General Data Protection Regulation (GDPR) between OARA TECH S.R.L. and each club that uses DigitAquos. The club accepts it when it accepts these Terms.

  • Roles — The club is the data controller for the personal data of its swimmers and members. OARA TECH S.R.L. is the data processor and processes that data on the club's behalf.
  • Subject matter and duration — Processing needed to provide DigitAquos to the club, for as long as the club has an account and until the data is deleted or returned as described below.
  • Nature and purpose — Storing, organising, retrieving, transmitting, and deleting data in order to provide the app's club features: registration, documents, groups, attendance, communication, medical certificate and GDPR consent tracking, training, and membership management.
  • Categories of data subjects — Swimmers, parents or legal guardians, and coaches.
  • Categories of data — Account and contact data, swimmer profile and attendance data, training and performance data, health and medical data (including medical certificate status, and wearable data where a swimmer connects a device), membership payment status, and messages exchanged in the app, as described in Section 3 of our Privacy Policy.
  • Instructions — We process the data only on the club's documented instructions. The club's use of the app's features constitutes those instructions.
  • Confidentiality — Persons authorised to process the data are bound by confidentiality.
  • Security — We apply the technical and organisational measures described in Section 10 (Data Storage & Security) of our Privacy Policy.
  • Sub-processors — The club authorises the sub-processors listed in Section 8 (Data Sharing) of our Privacy Policy. We notify clubs of any intended addition or replacement of a sub-processor before it takes effect, and the club may object to the change.
  • Assistance — We assist the club in responding to requests from data subjects exercising their rights, and notify the club without undue delay after becoming aware of a personal data breach affecting its data.
  • Deletion or return — When the club's account is terminated, we delete the club's personal data or, at the club's request, return it, in accordance with the retention rules in Section 11 (Data Retention) of our Privacy Policy.
  • Compliance information — We make available to the club the information necessary to demonstrate compliance with this section.

13. Data & Privacy

Your use of DigitAquos is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the platform, you acknowledge that you have read and understood the Privacy Policy.

14. Wearable & Health Integration

DigitAquos integrates with Garmin Connect, Apple HealthKit, and Android Health Connect. By connecting your wearable device or granting health data permissions:

  • You authorize DigitAquos to receive data from your wearable or health platform through the respective API or device-level integration.
  • For Garmin, we receive activity and health data from Garmin, and send to Garmin only the workouts you choose to push to your watch. No health or account data is sent to Garmin.
  • For HealthKit and Health Connect, data is read locally on your device and transmitted to our servers. We do not write data back to HealthKit or Health Connect.
  • You can disconnect your wearable or revoke health data permissions at any time, which stops future data syncing. Previously synced data can be deleted upon request.
  • Wearable and health data may be used as input for automatically generated features (readiness-based workout adjustments, recovery insights) as described in Section 7.

15. Club Website Service

For clubs that purchase the optional website service:

  • The website is hosted on a DigitAquos subdomain or custom domain and maintained by our team.
  • Content provided by the club (text, images, logos) must not violate any laws or third-party rights.
  • We reserve the right to remove content that violates these terms.
  • Pricing is discussed and agreed upon per club based on specific requirements. Hosting is included as long as the club has an active DigitAquos account.

16. Intellectual Property

DigitAquos, including its code, design, features, and documentation, is the intellectual property of OARA TECH S.R.L. You may not copy, modify, distribute, or create derivative works from any part of the platform without written permission.

Content you create on the platform (workouts, training plans, announcements) remains yours. By using DigitAquos, you grant us a limited license to store and display your content solely for the purpose of providing the service.

AI-generated content (workouts, plans, feedback) created through the platform may be used freely by you for personal training purposes but may not be commercially redistributed.

17. Service Availability

  • We strive to maintain high availability but do not guarantee uninterrupted service.
  • Scheduled maintenance will be communicated in advance when possible.
  • AI-powered features depend on third-party API availability and may experience temporary interruptions.
  • Mobile app availability is subject to Apple App Store and Google Play Store policies and availability.
  • We are not liable for data loss due to circumstances beyond our control, though we maintain regular backups.

18. Reporting Problems and Service Defects

If something is not working correctly on the platform — for example, if data is displayed incorrectly or a feature does not function as intended — you can report it to us at razvanoara@digitaquos.com.

We make reasonable efforts to correct reported defects within a reasonable time, taking into account the severity and complexity of the issue and the fact that DigitAquos is operated by a small team. We do not guarantee that the platform will be error-free or uninterrupted, and displayed data (including performance, health, and readiness information) may occasionally contain inaccuracies and should not be relied upon as the sole basis for medical, health, or other important decisions.

For paying users, nothing in these Terms limits your statutory rights under applicable EU and Romanian consumer protection law, including the right to have a paid service brought into conformity, or to an appropriate price reduction or refund where a defect is not remedied within a reasonable time.

19. Limitation of Liability

DigitAquos is provided "as is." To the extent permitted by applicable law, OARA TECH S.R.L. is not liable for any indirect, incidental, or consequential damages arising from your use of the platform.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded for consumers under applicable law.

DigitAquos is a management and tracking tool — it does not provide medical advice. Health and readiness data, including AI-generated insights and recommendations, should be used as supplementary information alongside professional medical and coaching judgment.

20. Account Termination

  • You may delete your account at any time from within the platform or by contacting us.
  • We may suspend or terminate accounts that violate these Terms, with notice when possible.
  • Upon account deletion, your personal data will be permanently removed within 30 days, as described in our Privacy Policy.
  • For club accounts, termination will affect all swimmers registered under the club. Coaches should notify their swimmers before deleting a club account.
  • Deleting your account during an active subscription does not entitle you to a refund for the current billing period.

21. Changes to These Terms

We may update these Terms to reflect changes in our service or legal requirements. Material changes will be communicated through the platform and via push notifications at least 30 days before they take effect. Continued use of DigitAquos after changes take effect constitutes acceptance of the updated Terms.

22. Governing Law

These Terms are governed by the laws of Romania. For business customers (clubs), any disputes arising from or related to these Terms or the use of DigitAquos are subject to the jurisdiction of the courts of Cluj County, Romania. Consumers may bring proceedings before the courts of their own place of residence.

For EU consumers: Nothing in these Terms affects your rights under mandatory EU consumer protection laws.

23. Contact

OARA TECH S.R.L.
Str. Luțerniștei Nr. 5, Municipiul Turda, Jud. Cluj, Romania
CUI: 53927238
Email: razvanoara@digitaquos.com

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