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.

By creating an account or using DigitAquos, 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.
• 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.
• Users aged 16 and above may create and manage their own account.

3. Account Types & Pricing

DigitAquos offers the following account types:

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.

• During the trial, you have full access to all Pro features.
• 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. 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.
• Payment processing is handled by Stripe. We do not store credit card information on our servers.
• 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 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 with a clear statement of your decision to withdraw (e.g., “I wish to cancel my subscription and request a refund”).
• Refunds will be processed within 14 days of receiving your withdrawal request, using the same payment method used for the original transaction.
• By actively using Pro features after your first payment, you acknowledge that the digital service has begun and agree that the right of withdrawal may be limited in accordance with Article 16(m) of Directive 2011/83/EU. However, we will still process refund requests on a case-by-case basis.
• 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. AI-Powered Features

DigitAquos Pro includes AI-powered features such as training plan generation, workout generation, session feedback, and daily check-ins. By using these features, you acknowledge and agree that:

• AI-generated content (training plans, workouts, feedback, insights) is supplementary guidance and does not constitute professional coaching, medical, or fitness advice.
• You should use AI-generated content alongside your own judgment and, where appropriate, consult qualified professionals.
• To generate personalized content, certain data (your goals, swimming level, available schedule, and wearable health metrics such as readiness, sleep, heart rate, and recovery data) is processed by third-party AI services (Google Gemini API). This data is transmitted securely and is not stored by the AI provider beyond the duration of the request.
• AI-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.
• Generation limits apply per subscription tier. These limits reset monthly.
• We reserve the right to modify, update, or discontinue AI features at any time with notice.

8. 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.

9. 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.

10. 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.

11. Wearable Integration

DigitAquos integrates with Garmin Connect to receive physiological data from connected wearables. By connecting your wearable device:

• You authorize DigitAquos to receive data from your wearable through the manufacturer's API.
• You understand this is a one-way connection — we receive data but do not send data to the wearable manufacturer.
• You can disconnect your wearable at any time, which stops future data syncing. Previously synced data can be deleted upon request.
• Wearable data may be used as input for AI-powered features (readiness-based workout adjustments, recovery insights) as described in Section 7.

12. 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.
• The €400 fee is a one-time payment. Hosting is included as long as the club has an active DigitAquos account.

13. 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.

14. 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.
• We are not liable for data loss due to circumstances beyond our control, though we maintain regular backups.

15. Limitation of Liability

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

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.

16. 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.

17. 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 at least 30 days before they take effect. Continued use of DigitAquos after changes take effect constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of Romania. Any disputes arising from or related to these Terms or your use of DigitAquos shall be subject to the jurisdiction of the courts of Cluj County, Romania.

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

19. Contact

OARA TECH S.R.L.
Cluj County, Romania
CUI: 53927238
Email: razvanoara@digitaquos.com