AfaSense Terms of Service

Last Updated: September 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, firmware, connected sensors, and related online services offered by AfaSense (collectively, the “Services”).

By creating an account, clicking “I agree,” accessing, or using the Services, you agree to these Terms and to our Privacy Policy and Consumer Health Data Privacy Notice, which are incorporated by reference.

If you do not agree, do not use the Services.

Contracting entity: AfaSense, Inc. (“AfaSense,” “we,” “us,” or “our”).
U.S. mailing address: [TO BE CONFIRMED before publication]

1. Who May Use the Services

1.1 Eligibility

You may use the Services only if:

• you are at least 13 years old in the United States (or the minimum age required in your jurisdiction, if higher);
• you have the legal capacity to enter into a binding contract; and
• you are not barred from using the Services under applicable law.

If you are between 13 and the age of majority in your state, you may use the Services only with consent of a parent or legal guardian who accepts these Terms on your behalf.

1.2 Organization accounts

If you access the Services through a school, club, team, gym, coach, or other organization (“Organization”), your Organization may control certain aspects of your account and may have access to your performance data as described in Section 6 and in your Organization’s policies.

2. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice as required by law (for example, by email, in-app notice, or by posting an updated version with a new “Last Updated” date).

Your continued use of the Services after the effective date of revised Terms constitutes acceptance, except where further consent is required by law.

3. Accounts & Security

3.1 Registration

To use certain features, you must create an account and provide accurate, current, and complete information (such as email, password, and profile details). You agree to keep your information up to date.

3.2 Account credentials

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at legal@afasense.com [TO BE CONFIRMED: support/legal contact] if you suspect unauthorized access.

3.3 Administrator and coach accounts

Users with administrator, coach, or staff roles may create, manage, or view member accounts and performance data within the scope of their Organization’s subscription and permissions. Administrators represent that they have authority to invite members and to share Organization policies with them.

4. Description of the Services

AfaSense provides electronic fitness and athletic-performance assessment tools, including:

• mobile and tablet applications for test administration and reporting;
• software that processes data from AfaSense-compatible sensors, pods, platforms, scales, and other hardware;
• performance metrics, trends, reports, and team/coaching workflows; and
• related support, updates, and cloud features.

Feature availability may depend on your device, hardware bundle, membership level, Organization permissions, and region. We may add, modify, suspend, or discontinue features with reasonable notice where practicable.

4.1 Not medical advice

THE SERVICES ARE FOR FITNESS, ATHLETIC TRAINING, AND WELLNESS PURPOSES ONLY. THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

Test results, scores, body-composition readings, and reports are informational and may be affected by device placement, environment, user technique, and other factors. Always consult a qualified healthcare professional before starting or changing any exercise program or if you have health concerns.

AfaSense is not a HIPAA-covered entity. See our Privacy Policy for more information.

4.2 No guarantee of accuracy or outcomes

We strive for reliable measurements, but we do not warrant that any result is error-free, clinically accurate, or suitable for a particular purpose. Training decisions are your responsibility (and your coach’s or Organization’s, where applicable).

5. Hardware, Devices & Safety

5.1 Compatible hardware

Some features require AfaSense-branded or authorized hardware (e.g., sensor pods, pressure platforms, body-composition devices). You are responsible for proper setup, calibration, firmware updates, and use in accordance with product documentation.

5.2 Assumption of risk

Physical assessment and training involve inherent risks, including injury. You assume all risks associated with participating in tests and training activities, whether conducted alone or under supervision.

5.3 Laser and equipment warnings

Certain assessments may use laser modules or other equipment. Follow all in-app and on-device safety warnings. Do not stare into laser beams or reflections. Operators and participants are responsible for safe use of equipment in their environment.

5.4 Third-party devices

If you connect non-AfaSense devices or third-party apps, their use is subject to those providers’ terms and policies. We are not responsible for third-party hardware or software.

6. Performance Data, Teams & Sharing

6.1 Your data

When you complete assessments, the Services generate Performance & Wellness Data (as defined in our Privacy Policy), which may be stored in your account and associated with your profile.

6.2 Sharing with coaches and Organizations

If you join a team or are added by an Organization:

• authorized coaches, trainers, or administrators may view your profile and relevant test results;
• your Organization may export, print, or use reports according to its policies; and
• leaving a team or deleting your account may not delete copies already downloaded by the Organization.

By joining an Organization roster, you acknowledge this sharing to the extent enabled by your Organization and the Services.

6.3 Your responsibilities

Do not upload or share content that violates others’ rights, contains others’ personal data without permission, or is unlawful, harassing, or inappropriate.

7. Membership, Fees & Payment

7.1 Organization / hardware-backed access (U.S. primary model)

For the current U.S. launch, athlete and member access is generally provided through an Organization (school, club, team, gym, or training facility), not by direct consumer purchase in the app.

An authorized administrator purchases or licenses AfaSense hardware and a membership plan, then invites or provisions member accounts. Fees, term length, member limits, device bindings, and included features are set out at purchase or in the Organization’s agreement with AfaSense.

Athletes and members typically do not pay AfaSense directly for app access; billing questions should be directed to your Organization unless we expressly offer direct purchase to you.

7.2 Future direct consumer purchases

If we later offer paid subscriptions or in-app purchases directly to consumers, additional terms will be presented at checkout, including pricing, auto-renewal (if any), and refund rules under applicable app store policies.

7.3 Taxes

Prices charged to Organizations may exclude taxes, which the purchaser is responsible for where applicable.

7.4 Promotions

Promotional or trial access may be modified or discontinued at any time, subject to any separate promotional terms.

8. Acceptable Use

You agree not to:

• use the Services for any unlawful purpose;
• reverse engineer, decompile, or attempt to extract source code except as permitted by law;
• interfere with or disrupt the Services, servers, or networks;
• circumvent access controls, membership limits, or security measures;
• scrape, harvest, or use automated means to access the Services without permission;
• impersonate any person or misrepresent your affiliation;
• use the Services to provide medical diagnosis or emergency response; or
• resell, sublicense, or commercially exploit the Services except as expressly authorized in writing.

We may investigate violations and suspend or terminate accounts as described in Section 14.

9. Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the application software included in the Services solely for your personal or internal Organization use in connection with authorized hardware and accounts.

You do not acquire ownership of the Services, software, algorithms, documentation, or trademarks. All rights not expressly granted are reserved.

10. Intellectual Property

The Services, including software, designs, text, graphics, logos, test protocols, scoring methods, and documentation, are owned by AfaSense or its licensors and protected by intellectual property laws.

Feedback: If you submit suggestions or ideas, you grant us a perpetual, royalty-free license to use them without obligation to you.

11. User Content

You retain ownership of content you submit (e.g., profile photos). You grant AfaSense a worldwide, non-exclusive license to host, use, reproduce, display, and process your content only as necessary to operate, improve, and secure the Services and as described in the Privacy Policy.

You represent that you have all rights needed to submit your content and that it does not violate these Terms or applicable law.

12. Third-Party Services & Links

The Services may integrate with or link to third-party services (e.g., app stores, analytics, cloud providers, social networks). We do not control and are not responsible for third-party services. Your use is at your own risk and subject to their terms.

13. Privacy

Our collection and use of personal data is described in the Privacy Policy. By using the Services, you acknowledge that you have read it.

14. Suspension & Termination

14.1 By you

You may stop using the Services at any time. You may delete your account in the app (User Center → Profile → Delete) or by contacting privacy@afasense.com.

14.2 By us

We may suspend or terminate your access if we reasonably believe you violated these Terms, pose a security risk, or if required by law. We will provide notice when reasonable and permitted.

14.3 Effect of termination

Upon termination, your license ends and you must cease use of the Services. Sections that by their nature should survive (including disclaimers, limitations of liability, indemnity, and dispute resolution) will survive.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND HARDWARE INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• AFA SENSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES; AND
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNTS YOU PAID TO AFA SENSE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM [TO BE CONFIRMED: cap amount with counsel].

These limits apply whether liability is based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Some states do not allow limitation of certain damages; in those states, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless AfaSense and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• your use of the Services;
• your violation of these Terms;
• your User Content; or
• your negligence or willful misconduct,

except to the extent caused by our gross negligence or willful misconduct.

18. Dispute Resolution & Governing Law

[TO BE CONFIRMED WITH U.S. COUNSEL — choose one approach]

Option A — Courts (default draft)

These Terms are governed by the laws of the State of [Delaware / California / other], excluding conflict-of-law rules. Exclusive venue for disputes shall be the state or federal courts located in [county and state], and you consent to personal jurisdiction there.

Option B — Binding arbitration (common for U.S. consumer apps)

Disputes will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), except that either party may bring qualifying claims in small claims court. Class actions and class arbitrations are waived to the extent permitted by law. See [TO BE CONFIRMED: arbitration exhibit] for details.

Please confirm with your lawyer which option AfaSense will use.

19. General

• Entire agreement: These Terms, the Privacy Policy, and any order or Organization agreement for paid Services constitute the entire agreement regarding the Services.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or sale.
• Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
• Export: You may not use the Services in violation of U.S. export control laws.
• U.S. government users: The Services are “commercial items” as defined in FAR 2.101.

20. Contact

• Legal / Terms inquiries: legal@afasense.com [TO BE CONFIRMED]
• Privacy requests: privacy@afasense.com
• Support: via in-app Customer Support
• Mail: [TO BE CONFIRMED: U.S. business address]

All trademarks are the property of their respective owners.