Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between Jogo App LLC ("Jogo", "we", "us", or "our"), a Wyoming-registered limited liability company, and you ("Studio Operator", "you", or "your") regarding your access to and use of the Jogo studio management and class booking platform and all related services ("the Platform").

By creating an account, accessing the Platform, or clicking "I agree", you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific features or services. If you are using the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

Jogo provides a cloud-based software-as-a-service (SaaS) platform designed for fitness and wellness businesses. The Platform includes, but is not limited to:

• Class scheduling and calendar management
• Member enrollment, profile management, and attendance tracking
• Membership plan management, credit tracking, and subscription billing
• Payment processing integrations (Stripe, Wompi, PowerTranz)
• WhatsApp Business messaging for member communications
• On-demand video content hosting and delivery
• Reporting, payroll tools, and analytics dashboards
• A white-label student-facing mobile and web application
• API access for third-party integrations

Jogo reserves the right to modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

To access the Platform, you must register for an account using a valid Google account or email address authenticated through Firebase. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your credentials and not share them with unauthorized individuals
• Notify us immediately at jogoapp.developers@gmail.com of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

You may designate staff members (coaches, administrators) who access the Platform on your behalf. You are responsible for all actions taken by staff accounts associated with your Studio. Jogo is not liable for any loss or damage arising from your failure to safeguard your account credentials.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

Access to the Platform is provided on a subscription basis. By subscribing, you authorize Jogo to charge your designated payment method for the applicable fees on the agreed billing cycle.

Pricing

Current subscription pricing is displayed within the Platform. Jogo reserves the right to change subscription fees at any time with at least 30 days' written notice to you. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new fees.

Billing & Payment

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly set out in these Terms or required by applicable law
• If payment fails, we may suspend access to the Platform until payment is resolved
• Subscription payments are processed via Stripe. By subscribing, you agree to Stripe's terms of service

Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, your access will continue until the end of the current billing period. Jogo does not provide prorated refunds for partial periods. Following cancellation, your data will be retained for 60 days during which you may request a data export, after which it will be permanently deleted.

Taxes

Subscription fees are exclusive of all applicable taxes. You are responsible for any sales, use, VAT, or similar taxes applicable in your jurisdiction.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform to send unsolicited, deceptive, or harassing communications to Members
• Send WhatsApp messages to Members who have not provided explicit opt-in consent
• Collect or process Member health data beyond what is necessary and consented to
• Attempt to reverse-engineer, decompile, or extract the source code of the Platform
• Access or attempt to access the accounts or data of other Studio Operators
• Introduce malware, viruses, or other malicious code into the Platform
• Use automated scripts, bots, or scrapers to access or extract Platform data
• Resell, sublicense, or otherwise commercialize the Platform without written permission from Jogo
• Violate any applicable law, regulation, or third-party right in connection with your use of the Platform

Jogo reserves the right to investigate and take appropriate action against any violation of these provisions, including suspension or termination of your account, removal of content, and reporting to law enforcement where applicable.

As a Studio Operator, you act as the data controller for all personal data belonging to your Members. You are solely responsible for:

• Obtaining all necessary consents and legal bases required to collect, store, and process Member data
• Providing Members with a clear and accessible privacy notice covering your use of the Platform
• Ensuring your use of the Platform's WhatsApp messaging features complies with Meta's WhatsApp Business Policy and applicable anti-spam laws in your jurisdiction
• Managing Member data access, correction, deletion, and portability requests from your Members
• Complying with all applicable data protection laws in every jurisdiction where your Members are located

By uploading or inputting Member data into the Platform, you represent and warrant that you have the legal right to do so and that such data was collected lawfully. Jogo processes Member data solely as a data processor acting under your instructions, as described in our Privacy Policy and Data Processing Agreement.

You agree to indemnify and hold Jogo harmless against any claims, fines, or penalties arising from your failure to comply with applicable data protection obligations.

Jogo's Intellectual Property

The Platform, including its software, design, trademarks, logos, and all content created by Jogo, is owned by or licensed to Jogo App LLC and is protected by applicable intellectual property laws. These Terms do not grant you any right to use Jogo's trademarks, logos, or branding without prior written consent.

Your Content

You retain ownership of all content you upload to the Platform, including studio branding, video content, class descriptions, and Member data ("Your Content"). By uploading Your Content, you grant Jogo a limited, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to the extent necessary to provide the Platform services to you.

Feedback

If you submit suggestions, ideas, or feedback about the Platform, you grant Jogo the right to use such feedback without restriction or compensation to you.

The Platform integrates with third-party services including Stripe, Wompi, PowerTranz, Firebase, Meta WhatsApp Business API, and Amazon Web Services. Your use of these integrations is also subject to the respective third-party terms of service and privacy policies. Jogo is not responsible for the availability, accuracy, or security of third-party services.

In particular:

• Payment processors: Transactions processed via Stripe, Wompi, or PowerTranz are subject to those providers' terms. Jogo does not store or have access to full payment card numbers.
• WhatsApp Business API: Message delivery is subject to Meta's WhatsApp Business Policy. Jogo is not liable for failed, delayed, or blocked message delivery by Meta's infrastructure.
• Video hosting: On-demand videos are stored and delivered via Amazon S3 and CloudFront. Availability is subject to AWS service levels.

Jogo makes no warranty regarding the ongoing availability of any third-party integration and may modify or remove integrations with reasonable notice.

No Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Jogo does not warrant that the Platform will be uninterrupted, error-free, or free from harmful components.

Limitation of Liability

To the maximum extent permitted by applicable law, Jogo's total cumulative liability to you arising out of or related to these Terms or your use of the Platform shall not exceed the greater of (a) the total fees paid by you to Jogo in the three months immediately preceding the claim, or (b) USD $100.

In no event shall Jogo be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, even if Jogo has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Jogo App LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your breach of any obligation owed to your Members, including data protection obligations; (d) any content you upload or transmit through the Platform; or (e) any dispute between you and a Member or third party.

These Terms remain in effect for as long as you maintain an active account on the Platform.

Termination by You

You may terminate your account at any time by cancelling your subscription and requesting account deletion at jogoapp.developers@gmail.com. Termination does not entitle you to a refund of prepaid fees.

Termination or Suspension by Jogo

Jogo may suspend or terminate your access to the Platform immediately and without prior notice if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law; (d) we reasonably believe your account poses a security risk; or (e) you engage in conduct that we determine, in our sole discretion, is harmful to Jogo, other users, or third parties.

Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

Informal Resolution

Before initiating formal proceedings, you agree to contact us at jogoapp.developers@gmail.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving written notice.

Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA), with proceedings conducted in Wyoming, United States, in the English language. Judgment on the arbitration award may be entered in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

Jogo may update these Terms from time to time. When we make material changes, we will:

• Update the Effective Date at the top of this document
• Notify Studio Operators via email at least 30 days before the change takes effect
• Display a prominent notice within the Platform dashboard

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription before the effective date.

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and Jogo with respect to the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Jogo's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without Jogo's prior written consent. Jogo may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Notices: Notices to Jogo must be sent to jogoapp.developers@gmail.com. Notices to you will be sent to the email address associated with your account.
• Force Majeure: Jogo shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, internet outages, acts of government, or third-party service failures.

For questions about these Terms, please contact us at:

These Terms and Conditions do not constitute legal advice. Jogo App LLC recommends that Studio Operators consult with a qualified attorney in their jurisdiction to ensure their operations comply with all applicable laws.