Please read these Terms of Service (“Terms”) carefully before using the Cochacha mobile application or website (collectively, the “Service”) operated by Cochacha (“we”, “our”, or “us”). By creating an account or using the Service, you agree to be bound by these Terms.
1. Eligibility
You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using Cochacha, you represent that you meet this age requirement. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Your Account
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You must provide accurate and complete information when registering.
- You may not create an account on behalf of someone else without their consent.
- Notify us immediately at [email protected] if you suspect unauthorized access to your account.
3. Free and Premium Plans
Cochacha offers a free tier and an optional Premium subscription. The features available in each plan are described on our pricing page and may change over time.
- Free tier — available at no charge, subject to these Terms.
- Premium subscription — billed monthly or annually through the Apple App Store or Google Play. Your subscription auto-renews unless cancelled at least 24 hours before the end of the current billing period. Manage or cancel your subscription in your device's App Store account settings. We do not issue refunds for partial billing periods, except as required by law or App Store policies.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any regulations.
- Post content that is abusive, harassing, threatening, defamatory, obscene, or discriminatory.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Attempt to gain unauthorized access to any part of the Service or its infrastructure.
- Reverse-engineer, decompile, or disassemble any part of the Service.
- Use automated scripts, bots, or scrapers to access the Service.
- Upload or transmit viruses or any other malicious code.
- Interfere with or disrupt the integrity or performance of the Service.
5. User Content
You retain ownership of the fitness data, posts, comments, and other content you submit to the Service (“User Content”). By posting User Content, you grant Cochacha a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute it solely to operate and improve the Service.
You are solely responsible for your User Content. You represent that you have all rights necessary to post it and that it does not violate any third-party rights or applicable law. We reserve the right to remove any User Content that violates these Terms.
6. Coach and Client Relationships
Cochacha enables coaches to create and share training programs with clients and view their workout logs. Cochacha is a software platform only — we are not a party to any coaching relationship and are not responsible for the quality, accuracy, or safety of programs created by coaches on the platform. Users engage coaches at their own discretion and risk.
7. Health and Fitness Disclaimer
The Service is designed to help you log and track physical activity. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before starting a new exercise program, especially if you have any health conditions or injuries. Cochacha is not liable for any injury or health outcome resulting from use of the Service.
8. Intellectual Property
All content, features, and functionality of the Service — including but not limited to the Cochacha name, logo, software code, design, and graphics — are owned by or licensed to Cochacha and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Service without our express written permission.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Third-Party Services
The Service integrates with third-party authentication providers (Google, Apple) and app stores. Your use of those services is governed by their respective terms and privacy policies, not ours.
11. Termination
You may stop using the Service and delete your account at any time from the app settings. We may suspend or terminate your account if you violate these Terms, without prior notice. Upon termination, your right to use the Service ceases immediately. Sections 5, 7, 8, 12, 13, and 14 survive termination.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COCHACHA AND ITS FOUNDERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR USD $10, WHICHEVER IS GREATER.
14. Governing Law and Disputes
These Terms are governed by the laws of Argentina, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall first be attempted to be resolved by contacting us at [email protected]. If a dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the courts located in Buenos Aires, Argentina.
15. Changes to These Terms
We may modify these Terms at any time. When we make material changes, we will notify you in-app or by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.
16. Contact Us
Questions about these Terms? Email us at [email protected].