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Terms of Service

Last Updated: November 17, 2025

1. Acceptance of Terms

By accessing or using ARO Performance, you agree to:

• Comply with these Terms of Service
• Comply with our Privacy Policy
• Comply with all applicable laws and regulations
• Be legally capable of entering into a binding agreement

If you do not agree to these Terms, you must not use our services.

2. Account Registration & Responsibilities

2.1 Account Creation

To use ARO Performance, you must create an account and provide accurate, complete information including:

• Your full name
• Valid email address
• Date of birth
• For users under 18: Parent or guardian contact information

2.2 Parental Consent for Users Under 18

For users under 18 years old:

1. During registration, you must provide your parent or guardian's contact information
2. We will send a verification email to your parent or guardian
3. Your parent or guardian must review and accept these Terms and our Privacy Policy
4. Your account will be activated only after parental consent is verified through our Email + SMS verification process (free) or alternative methods
5. Your parent or guardian will receive access to a Guardian Dashboard for oversight

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

2.4 Account Termination Rights

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Community Guidelines
• You provide false or misleading information
• You engage in fraudulent or illegal activity
• Your behavior poses a risk to other users, especially minors
• You fail to pay applicable fees

3. User Conduct & Community Guidelines

3.1 Acceptable Use

You agree to use ARO Performance in a respectful, lawful, and appropriate manner. You must not:

• Harass, bully, threaten or intimidate other users
• Post inappropriate, offensive or explicit content
• Impersonate others or misrepresent your identity
• Share content that promotes violence, discrimination or illegal activity
• Attempt to gain unauthorized access to other accounts or systems
• Upload viruses, malware or malicious code
• Spam other users or abuse our messaging features
• Scrape, copy or redistribute our content without permission

3.2 Coach-Athlete Communication

All communication between coaches and athletes must remain professional and appropriate. Coaches must:

• Maintain professional boundaries at all times
• Communicate only about training, development and platform-related matters
• Never request personal contact information or off-platform communication
• Report any concerns about athlete safety or wellbeing

For athletes under 18: All coach-athlete messages are subject to guardian oversight and platform monitoring.

3.3 Monitoring & Enforcement

To ensure user safety, especially for minors:

• We reserve the right to monitor messages and activity for safety concerns
• We may audit communications to detect harassment, inappropriate content or policy violations
• Automated systems may flag concerning content for human review
• Violations may result in warnings, account suspension or permanent termination
• Serious violations may be reported to law enforcement

3.4 Reporting Mechanism

If you experience or witness inappropriate behavior, harassment or safety concerns:

• Use the in-app reporting feature to flag content or users
• Contact our support team at info@aroperformance.com
• Inform your parent or guardian if you're a minor
• For urgent safety concerns, contact local authorities immediately

We take all reports seriously and will investigate promptly.

5. Coach Guidance & Professional Advice

5.1 Nature of Coach Guidance

Guidance provided by ARO coaches, whether employed by us or independent, is:

• Based on training principles and your self-reported data
• Provided as suggestions and recommendations, not prescriptions or medical advice
• Not a substitute for professional medical advice

Coaches cannot:

• Diagnose medical conditions
• Provide medical treatment
• Replace healthcare professionals

5.2 Your Responsibility

You are responsible for consulting doctors, physical therapists or other qualified professionals before starting any new training program or if you experience pain or injury.

5.3 Coach Qualifications

Our coaches are not medical professionals unless explicitly stated. Even if a coach has medical qualifications, their guidance through ARO Performance is for training purposes only and does not constitute a doctor-patient relationship or medical advice.

6. Subscriptions, Payments & Refunds

6.1 Subscription Plans

ARO Performance offers various subscription plans including:

• Individual athlete subscriptions
• Organizational team subscriptions
• Optional add-ons for equipment, specialized coaching or premium features

Pricing is displayed on our website and is subject to change with notice.

6.2 Payment Processing

• Payments are processed securely through Stripe
• You authorize us to charge your payment method for subscription fees
• Subscriptions renew automatically unless cancelled
• You are responsible for keeping payment information current

6.3 Purchases by Minors

Users under 18 cannot make purchases directly. For minor accounts:

• Equipment and add-ons are displayed for informational purposes
• Purchases must be completed by a parent, guardian or authorized adult
• Minors can request items which generate notifications to their guardian
• All payment authorizations must come from the guardian account

6.4 Refund Policy

For subscription services:

• You may request a refund within 30 days of purchase
• A 10% administration fee will be deducted from all refunds to cover processing costs
• After 30 days, subscriptions are non-refundable
• Pro-rated refunds may be considered on a case-by-case basis for extenuating circumstances

For equipment and physical products: Refunds are subject to the provider's return policy.

For digital products and coaching services: Generally non-refundable once accessed.

To request a refund, contact info@aroperformance.com

6.5 Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• You retain access to the platform until the subscription expires
• No refunds for partial subscription periods except as noted above

7. Intellectual Property Rights

7.1 Our Content

All content provided through ARO Performance is protected by intellectual property laws. This includes:

• Workout Programs: Exercise routines, training plans and methodologies which are proprietary
• Educational Resources: Videos, articles and guides which are copyrighted
• Platform Code: Software, algorithms and technical infrastructure which are proprietary
• Branding: ARO Performance name, logo and branding which are trademarks

You may not:

• Copy, reproduce or redistribute our content without permission
• Use our content for commercial purposes
• Reverse engineer or decompile our platform
• Remove copyright or trademark notices

License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes in accordance with these Terms.

7.2 Your Content

You retain ownership of content you create or upload including workout logs, messages, photos and videos. However, by uploading content you grant us:

• A worldwide, non-exclusive license to use, store and display your content to provide our services
• The right to use anonymized, aggregated data for research and platform improvement
• The right to share your data with your coach, club administrators and guardians as applicable

You represent that:

• You own or have rights to the content you upload
• Your content does not infringe on others' intellectual property rights
• Your content complies with these Terms and applicable laws

8. Service Availability & Modifications

8.1 No Guarantee of Availability

We strive to provide reliable service but do not guarantee:

• 100% uptime or uninterrupted access
• Error-free operation
• That the services will meet your specific requirements
• That bugs or defects will be corrected immediately

We are not liable for service interruptions due to:

• Scheduled maintenance
• Technical difficulties or outages
• Internet connectivity issues
• Force majeure events such as natural disasters

8.2 Changes to Services

We reserve the right to:

• Modify, suspend or discontinue features at any time
• Update our platform with new features or improvements
• Change pricing with reasonable notice (existing subscribers retain current rates until renewal)

8.3 Beta Features

We may offer beta or experimental features which are:

• Provided "as is" without warranties
• Voluntary and may be limited
• May be modified or discontinued without notice

9. Data & Privacy

Your use of ARO Performance is governed by our Privacy Policy which explains how we collect, use and protect your personal information.

Key Points:

• We collect data to provide and improve our services
• We use anonymized data for research purposes
• We may monitor communications for safety, especially for minors
• We do not sell your personal information
• Parents and guardians have full oversight of minor accounts

Please review our Privacy Policy for complete details.

10. Warranties & Disclaimers

10.1 "AS IS" Service

ARO Performance is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability or completeness of content
• Warranties that the services will be uninterrupted or error-free
• Warranties regarding the results you will achieve

10.2 Third-Party Content

We may display or link to third-party content, products or services:

• We do not endorse or guarantee third-party content
• We are not responsible for third-party products or services
• Your interactions with third parties are solely between you and them
• Third-party terms and privacy policies apply to their services

11. Limitation of Liability

To the maximum extent permitted by law, ARO Performance, its owners, directors, employees, contractors and affiliates shall not be liable for:

• Any injuries, death or physical harm resulting from use of our workout programs or services
• Any damages arising from your use or inability to use our services
• Any indirect, incidental, consequential or punitive damages
• Loss of profits, data or opportunities
• Personal injury or property damage

Our total liability to you for all claims arising from your use of ARO Performance is limited to the amount you paid us in the 12 months preceding the claim, or NZD $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend and hold harmless ARO Performance, its affiliates, and their respective officers, directors, employees and agents from any claims, damages, losses, liabilities and expenses (including legal fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content or conduct on the platform
• Any injuries or damages you sustain while using our services

13. Dispute Resolution & Governing Law

13.1 Governing Law

These Terms are governed by the laws of New Zealand without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Terms or your use of ARO Performance shall be subject to the exclusive jurisdiction of the courts of New Zealand.

13.3 Informal Resolution

Before pursuing formal legal action, you agree to:

1. Contact us at info@aroperformance.com to describe the dispute
2. Allow us 30 days to attempt to resolve the issue informally
3. Engage in good-faith negotiations to reach a resolution

13.4 Arbitration

If informal resolution fails, parties may agree to binding arbitration under the New Zealand Arbitration Act 1996. Arbitration decisions are final and binding.

13.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action or representative action.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Navigating to account settings and selecting "Delete Account"
• Contacting our support team at info@aroperformance.com

Upon termination:

• Your access to the services will be immediately revoked
• Your personal data will be deleted in accordance with our Privacy Policy
• You will not receive a refund for any unused portion of your subscription except as specified in Section 6

14.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Community Guidelines
• Your behavior poses a risk to other users
• We are required to do so by law
• You engage in fraudulent or illegal activity
• Your account remains inactive for an extended period

We will make reasonable efforts to notify you before termination except in cases of serious violations or legal requirements.

14.3 Effect of Termination

Upon termination:

• All licenses granted to you under these Terms will immediately cease
• You must stop using our services
• Sections of these Terms that by their nature should survive termination will remain in effect including liability disclaimers, indemnification and dispute resolution

15. Guardian Oversight & Controls

For users under 18, parents and guardians have comprehensive rights including:

• Full visibility into their child's account activity
• Access to all messages and communications
• Ability to view workout history and wellness check-ins
• Ability to monitor coach interactions
• Ability to approve or deny coach communication requests
• Ability to modify account settings and privacy preferences
• Ability to authorize purchases and upgrades
• Ability to export or delete account data
• Ability to terminate the account at any time

Parents and guardians are responsible for:

• Monitoring their child's use of ARO Performance
• Ensuring their child uses the platform appropriately and safely
• Reviewing content their child accesses
• Supervising physical training activities
• Providing medical clearance for participation in athletic activities

16. Organizational Customers

16.1 Joint Data Controllers

If you access ARO Performance through a sports club, team or school, both your organization and ARO Performance are "joint data controllers" meaning we share responsibility for protecting your data.

16.2 Data Access

• Coaches: Can view training data and progress for their assigned athletes
• Club Administrators: Can view team statistics and individual progress summaries but cannot see individual wellness check-in details
• Guardians: Of users under 18 have complete access to their child's account

16.3 Leaving an Organization

If you leave the organization:

• Coaches and admins immediately lose access
• You can continue with an individual subscription or delete your data

16.4 Safety

• All coach-athlete communication is monitored
• Coaches are prohibited from requesting external contact information from athletes under 18

16.5 Club-Collected Parental Consent

When clubs add athletes under 13, we require the club to obtain and provide verified parental consent before account activation through signed consent forms submitted to us for verification and record-keeping.

17. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes in our services or business practices
• Legal or regulatory requirements
• Security improvements
• User feedback and experience enhancements

17.1 Notification of Changes

When we make material changes:

• We will update the "Last Updated" date at the top of these Terms
• We will notify you via email or prominent notice in the platform
• We will notify parent or guardian for users under 18
• Changes take effect 30 days after notification unless legally required sooner

17.2 Acceptance of Changes

• Continued use of ARO Performance after changes take effect constitutes acceptance
• If you do not agree to changes, you must stop using our services and may request account deletion
• For subscriptions, you may cancel before changes take effect to avoid being bound by new terms

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ARO Performance regarding your use of our services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

18.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control including natural disasters, war, terrorism, riots, labor disputes or internet outages.

18.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and ARO Performance.

18.7 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

19. Contact Information