Terms of Use.

By creating an account and ticking the acceptance box during sign-up you accept these Terms and the Platform Rules, which form part of them, as well as the Legal Notice, and you confirm that you have read the Privacy Policy, which explains how we process your data. If you do not agree with them, you must not register or use the Services.

Zoku Athletics may modify these Terms to adapt them to regulatory, technical or business changes. Substantial modifications will be communicated by email or by prominent notice within the Service at least thirty (30) days before they take effect. If you do not accept the new conditions, you may cancel your subscription or your account before that date at no cost or penalty. Where the change affects the price or the essential features of a paid plan you have subscribed to, it will only apply to you if you expressly accept it; if you do not, you will keep the current conditions until the end of the ongoing period.

Zoku Athletics is a digital training and sports wellness platform that includes, among other features, WOD programming, multimodal timers, a catalog of benchmarks, session logging and tracking, AI Coach (posture analysis), Vital Flow metrics, social feed, the Solidary Reps charitable system, Rival Live rankings, third-party integrations and customer support.

Some features use artificial intelligence systems within the meaning of Regulation (EU) 2024/1689. We tell you which ones they are, what they do and where your data is processed, so you know when you are looking at a result generated by an AI. None of them is used to decide on your account, your access to the Service or penalties, and none produces legal effects on you. All of them are optional.

• AI Coach (posture analysis). It uses a machine-learning model that locates points of your body in the camera image or in a video you choose, and our own calculation rules that count repetitions and show cues. The cues are fixed texts in the app: no model writes them. The analysis runs on your device: no image, video, body point or pose metric is sent to Zoku or to any AI provider. Only a summary of each session (exercise, repetitions, score and similar data) is saved to your account. It is an automatic estimate that can be wrong (lighting, camera angle, clothing or objects such as the barbell), it is not a professional assessment or a diagnosis, and it does not identify anyone or interpret emotions. The providers of this feature's technical components are listed in the Privacy Policy.
• AI-assisted WOD adaptation (Vital Flow). When you request "Adapt WOD to your fatigue" on a workout you created, a language model from an external provider proposes an adapted version. It is only used if you have expressly authorized it in Settings → Privacy ("Adapt my WODs to my injuries and fatigue", off by default). Then, through our server, your fatigue state in bands, your load factor, the workout structure with its filtered lines and, for your active injuries, the area and severity (values from a closed list) and the movements to avoid are sent, without your name, email or identifiers and in pseudonymized (not anonymous) form, under the terms of the Privacy Policy, which names the provider in use and any transfer outside the European Economic Area. The result is shown to you labeled as AI-adapted. Before showing it, our server checks it against a catalog of contraindicated movements and discards it if it leaves one for your active injuries. Without your authorization, or if there is no valid response, the workout is adapted on your phone with our own rules, without AI, and the app says so. The suggestion may be inaccurate or unsuitable for you, is not medical advice and you should assess it before training.
• What is not AI. Vital Flow's fatigue index and load factor, personalized Rx weights and the adaptation done on your phone are calculations based on programmed formulas and rules, not AI systems. Their results are for guidance only.

We do not promise any sporting, health or performance result from using these features. You can stop using any of them at any time without affecting the rest of the Service.

SafeTrack is an aid to alert your trusted contacts during outdoor workouts. It is not an emergency service.

• What it does. If you trigger the SOS manually or by voice, or if SafeTrack detects no movement after a period of inactivity set by the app and you do not respond to the thirty (30) second pre-alert, Zoku opens your phone's messaging app with your location ready to send to your emergency contacts. The SMS is only sent when you tap "Send". In addition, Zoku alerts by email those contacts who have an email address on file.
• What it does not do. Zoku does not contact 112 or any other emergency service, nor does it track your location in real time.
• When it works. Only while SafeTrack is running with the app open or in the background. If you close the app from the recent apps list, it stops monitoring. It also depends on GPS, battery, network coverage, the permissions you have granted and email delivery by third parties, which may be delayed or fail.

To access all the Services it is necessary to create an account providing truthful, accurate and up-to-date information. Each User may have a single, personal and non-transferable account. You commit to safeguard your credentials and to immediately notify any unauthorized access through the support channels. Zoku Athletics is not responsible for damages arising from the loss, transfer or negligent use of credentials.

To register you must be an adult: at least eighteen (18) years old. Zoku Athletics is not intended for minors and registration is not permitted below that age. Age is declared at sign-up and we may delete accounts of minors. When subscribing, you confirm in the mandatory box on the payment page that you are of legal age.

Zoku Athletics offers a free plan ("Free") and two paid plans ("Pro" and "Elite"), billed monthly or annually and with automatic renewal. The features of each plan are described on the pricing page of zokuathletics.com and in the Your Subscription section.

Where to subscribe. Paid plans can only be purchased and paid for on the zokuathletics.com website. The Zoku Athletics mobile app (Android and iOS) does not sell subscriptions: it shows your current plan and gives you access to its features, but to subscribe, change or cancel a plan you must go to the website.

Functionality and compatibility. The Service is provided online and requires an internet connection, except for the features the app indicates work offline. The website works on the current versions of the usual browsers (Chrome, Safari, Firefox and Edge). The Android app requires Android 8.0 or later; the availability of the iOS app will be indicated on the pricing page and in the relevant store. Some features depend on device permissions (location, microphone, camera, notifications) or on third-party services you connect (Health Connect, Apple Health, Spotify). We do not apply technical protection measures that restrict the use of the content beyond the need to sign in with your account.

Seller and payment method. The seller and provider of the service is Zoku Athletics, whose identification details are set out in the Legal Notice. Payments are made by card or other methods accepted on the payment page and are processed by Stripe Payments Europe, Ltd. ("Stripe"). Zoku Athletics never stores your full card details.

Price. Before subscribing you will see the final price of each plan and billing period, in euros and including indirect taxes (VAT or IGIC, depending on your place of residence). The applicable tax is determined by your place of residence, based on the billing details you provide at checkout. If a plan has a promotional price, the reference price, the discounted price and whether the discount continues on renewals will be shown. There are no additional handling fees.

How to subscribe. The process has the following steps:

1. Sign in at zokuathletics.com and go to Your Subscription.
2. Choose the plan and billing period. You will be shown the final price, the billing period and the automatic renewal.
3. Stripe's secure payment page opens with the order summary, where you enter your payment method and billing details. Until you confirm, you can review and correct any detail or leave at no cost.
4. You tick the mandatory box by which you accept these Terms, expressly request that the service start immediately (see "Right of withdrawal") and confirm that you are at least eighteen (18) years old. Payment cannot be completed without it.
5. You confirm the order with the payment button, which implies an obligation to pay.
6. You receive the purchase confirmation and the invoice by email, and the plan is activated on your account, both on the website and in the app.

We keep an electronic record of each purchase (plan, date, price and the version of these Terms you accepted), and you can view and download your invoices in Your Subscription. The contract may be concluded in Spanish or English; in case of discrepancy, the Spanish version prevails.

Automatic renewal. Your subscription renews automatically at the end of each period (monthly or annual) for another period of the same length, and the amount is charged to the payment method on file until you cancel. The date and amount of the next renewal are always shown in Your Subscription. For annual plans we will send you an email reminder at least fifteen (15) days before the renewal, with the renewal date, the amount and how to cancel it if you do not wish to renew (Art. 97(1)(p) TRLGDCU).

Price changes. If we change the price of a plan, we will notify you at least thirty (30) days before the renewal on which it will apply, and the new price will only apply to you if you expressly accept it. If you do not accept it, the subscription will not renew at the new price: you will keep your plan until the end of the period already paid and your account will then move to the Free plan. The new price will never affect a period you have already paid for.

How to cancel. You can cancel at any time from Your Subscription on the website, without giving a reason; the process may take you to Stripe's secure portal. Cancellation takes effect at the end of the period already paid: until then you keep access to your plan and no further charges will be made. Until that date you can resume the subscription without subscribing again. Once it ends, your account moves to the Free plan and you keep your data and history.

Plan changes. Changes are made from Your Subscription and, before confirming them, you will see the amount and the effective date:

• Upgrades (from Pro to Elite, or from monthly to annual): they apply immediately. You are charged at that moment the prorated difference for the time remaining in the current period, minus what you had already paid.
• Downgrades (from Elite to Pro) and switching from annual to monthly: they apply at the end of the current period, on the next renewal. Until then you keep the plan you have already paid for, with no refund or credit for the difference. You can cancel the scheduled change before that date.

Account deletion. If you delete your account while you have an active subscription, the subscription is canceled at that moment and you lose access to the remainder of the period already paid. If you are still within the fourteen (14) day withdrawal period and have not lost it, and your subscription was purchased with payment through Stripe on the website, your deletion request is first processed as a withdrawal: we refund the amount that applies under “Right of withdrawal” (deducting the proportionate part of the service already provided) and then the account is deleted. Outside that period there is no refund of the period already paid. If you do not want to lose that period, cancel the subscription first and delete the account once it ends.

The first charge is made when you confirm the purchase and subsequent charges at the start of each new period. If a renewal charge cannot be completed, Stripe will automatically retry it several times over the following days and we will notify you by email so that you can update your payment method from Your Subscription. While the retries last you keep access to your plan. If none succeeds, the subscription is canceled and your account moves to the Free plan, without losing your data. We do not apply late-payment surcharges.

For each charge we issue an invoice showing the tax applied, which you will receive by email and can download in Your Subscription.

If you are a consumer, you may withdraw from the subscription contract within fourteen (14) calendar days from the day of purchase, without giving any reason and without penalty (Articles 102 et seq. of Spanish Royal Legislative Decree 1/2007, the consolidated text of the General Law for the Defense of Consumers and Users, "TRLGDCU"). The same period applies to each plan upgrade, counted from the date of the change.

If you ask to start immediately. Zoku Athletics is a digital service supplied on a continuous basis. If, when subscribing, you expressly request that the service begin during the withdrawal period and then withdraw, you must pay the proportion of the service provided up to the moment you notify us of your withdrawal, calculated on the total price of the contracted period (Article 108.4 TRLGDCU), and we will refund the rest. You would only lose the right of withdrawal if the service had been fully performed within that period, with your prior express consent and your acknowledgment that you lose the right once it has been fully performed (Article 103.a TRLGDCU). Online purchases always include that express request: it is part of the mandatory box on the payment page and is reflected on the invoice you receive by email.

How to withdraw. You can do it from the Your Subscription section of your account on the website, using the "Withdraw from contract here" button, which is visible throughout the withdrawal period. We will show you the details of the contract and the email address where you will receive the acknowledgment, and you only need to press "Confirm withdrawal", without giving any reason. We will send you, without delay, an acknowledgment of receipt by email with the content of your withdrawal and the date and time we received it. You may also inform us of your decision before the deadline by means of an unequivocal statement sent to legal@zokuathletics.com from your account email. You may use the model form below if you wish, but it is not mandatory. We will acknowledge receipt without delay.

Refund. We will refund the amounts due without undue delay and, in any event, within fourteen (14) calendar days of receiving your notice, using the same payment method you used and at no cost to you. The subscription is canceled at that moment.

Zoku Athletics is liable for any lack of conformity of the digital service under Articles 114 et seq. of the TRLGDCU. If the service is not in conformity, you may ask us to bring it into conformity and, if that is not possible or we do not do so within a reasonable time, a proportionate price reduction or termination of the contract with the corresponding refund.

Outside the right of withdrawal and those cases, cancellation does not entitle you to a refund of a period that has already started, because you keep access until it ends. Undue or duplicate charges are always refunded. You can send any refund request to legal@zokuathletics.com. Nothing in these Terms limits the rights granted to you by consumer protection law.

You undertake to make lawful, diligent and respectful use of the Services. The following is expressly prohibited:

• Impersonating another person or using third-party credentials without authorization.
• Publishing false, unlawful, defamatory, discriminatory, violent, pornographic content or content that infringes third-party rights (including intellectual and industrial property, honor, privacy and image rights).
• Interfering with the normal operation of the Service through mass scraping, reverse engineering, bots, denial-of-service attacks or any other unauthorized automated mechanism.
• Circumventing technical limitations, security measures or access control to paid features.
• Using the Services to send unsolicited commercial communications (spam) or to carry out affiliate marketing without express authorization.
• Collecting, storing or processing personal data of other Users outside the framework of the enabled social features.

Failure to comply with these obligations may result in the immediate, temporary or definitive suspension of the account and the exercise of any corresponding legal actions.

You own the content you post on the Service (feed posts, comments, kudos, avatar photo, training descriptions). By posting it you grant Zoku Athletics a non-exclusive, royalty-free license, limited to what is necessary to host, reproduce, technically adapt (for example, to different screen sizes) and display it to the people you choose under your privacy settings, and to moderate it, for as long as you keep it posted or your account remains active. Zoku Athletics will only use your content for promotional purposes outside the Service if you give separate consent, which you may withdraw at any time.

You are solely responsible for the content posted and warrant that you hold the necessary rights over it, including, where applicable, the consent of identifiable persons appearing in images or videos. Zoku Athletics does not perform systematic prior supervision, but may remove content that is manifestly unlawful upon obtaining actual knowledge of it, in line with the LSSI and digital services regulations.

Moderation. The Platform Rules set out which content and conduct are not allowed, how to notify illegal content, the measures we may take (removal or restriction of content, limitation of features, suspension or termination of the account) and how to challenge them. Moderation decisions are taken by a member of the team, without automated decision-making systems. When we take one of those measures we will give you the reasons (facts, rule or law applied) and the ways to challenge it, in accordance with Regulation (EU) 2022/2065 on Digital Services. You can appeal within 6 months of that notice by writing to legal@zokuathletics.com.

The software, design, navigation structure, the names "Zoku", the logos, the databases and the content created by Zoku Athletics are protected by intellectual and industrial property regulations and are owned by the Owner or by third parties that have authorized their use. This authorization to use the Service does not imply any transfer of intellectual or industrial property rights. Reproduction, distribution, transformation, public communication or any other form of exploitation, in whole or in part, is expressly prohibited without prior, express, written authorization.

The Services may optionally integrate with third-party services such as Spotify, Health Connect (Android), Apple Health (HealthKit, iOS) or the payment provider. Use of such integrations is governed by the terms and privacy policies of the respective providers and requires, where applicable, a specific OAuth authorization that you may revoke at any time from the app settings or the provider's panel. Zoku Athletics does not control or take responsibility for the availability, quality or data processing practices of such services. The app includes Google Maps features and content. Their use is subject to the then-current versions of the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy).

Zoku Athletics uses reasonable technical means to ensure the availability and proper operation of the Services and is liable for their conformity as set out in "Conformity of the service and refunds". Outside that liability and to the extent permitted by applicable law, Zoku Athletics will not be liable for:

• Interruptions, delays, errors or data losses due to force majeure or to causes beyond its reasonable control, such as general failures of telecommunications networks or of third-party platforms you choose to connect (for example, Spotify or Health Connect).
• The consequences of your own decisions about how and how much to train based on the informational content of the Service, which is not medical advice and does not replace your own assessment or that of a professional.
• Indirect damages, loss of profit or loss of opportunity that are not reasonably foreseeable.
• Content posted by other users, without prejudice to moderation measures applicable after actual knowledge of its unlawfulness.

Nothing in these Terms limits or excludes Zoku Athletics's liability for death or personal injury caused by its acts or omissions, or for willful misconduct, gross negligence or any other cause that, under applicable law, cannot be contractually limited (Arts. 86 and 128 et seq. TRLGDCU). Zoku Athletics is liable to you for the providers it engages to provide the Service (for example, Supabase, Google Cloud, Vercel or Stripe) on the terms provided by law. In the relationship with consumers, the mandatory rights recognized by consumer regulations will be fully respected.

Zoku Athletics may suspend or cancel the account when breaches of these Terms, fraudulent or abusive use of the Services, risks to the security of the platform or other users, or repeated non-payment of corresponding fees are detected. Suspension or cancellation will be notified to the User indicating the cause, unless communication is contrary to legal obligations or compromises an investigation, with the content and means of redress described in the Platform Rules. The User, for their part, may delete their account at any time from the app (Settings → Account → Delete account) or from the website, as explained in Delete your account.

Any inquiry, complaint or claim can be addressed to the email address soporte@zokuathletics.com. Users subscribed to the "Elite" plan enjoy priority support, in accordance with the features highlighted on the pricing page. Standard response times are published in the support channels and are informational. You may also submit your complaint by post to the Owner's address shown in the Legal Notice. On receipt we will give you an acknowledgment with an identifying reference and we will answer it as soon as possible and, in any event, within fifteen (15) calendar days of its submission (Art. 21 TRLGDCU).

These Terms are governed by Spanish law. If you are a consumer residing in another Member State of the European Union, this choice does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence (Article 6.2 of Regulation (EC) No 593/2008, "Rome I").

If you are a consumer, you may bring any claim before the courts of your domicile, and Zoku Athletics may only sue you before those same courts (Article 90.2 TRLGDCU and Article 18 of Regulation (EU) No 1215/2012). If you are not a consumer, the parties submit to the courts of the Owner's domicile.

Before going to court you can write to us at soporte@zokuathletics.com to seek an amicable solution. You may also submit your complaint to the consumer services of your region or municipality, or request arbitration before the competent Consumer Arbitration Board. Zoku Athletics is not currently a member of the Consumer Arbitration System, so it will assess each arbitration request on a case-by-case basis.

• If any clause of these Terms is declared null or unenforceable, the rest will retain its validity and be interpreted respecting, as far as possible, the original purpose.
• These Terms, together with the Platform Rules, the Legal Notice and the information in the Privacy Policy, constitute the complete agreement between the parties regarding the use of the Services and prevail over any prior communication.
• The User is not authorized to transfer their contractual position to third parties without prior written authorization from Zoku Athletics. The Owner may transfer the contractual position in cases of corporate restructuring, merger or transfer of activity, guaranteeing the same level of protection.
• Waivers of contractual rights are only valid if in writing.