Aurek Terms of Service

LiftReady is now Aurek. Same company (JAC Software LLC), same terms.

Apply to the Aurek iPhone app and the website aurek.app (also reached through getaurek.com and our earlier addresses liftready.app, getliftready.com and cadet-coach.web.app). Last updated October 12, 2026 · Version 2026-10-12

1. Who we are and agreeing to these Terms

Aurek is a fitness coaching app operated by JAC Software LLC, doing business as Aurek, a Florida limited liability company based in Florida, United States (“Aurek”, “we”, “us”, “our”). These Terms of Service (the “Terms”) are an agreement between you and JAC Software LLC about your use of the Aurek iPhone app, the website aurek.app (and its other addresses: getaurek.com and our earlier addresses liftready.app, getliftready.com and cadet-coach.web.app) and everything they offer (together, the “Service”).

The Privacy Policy, the Consumer Health Data Privacy Policy and the Community Guidelines explain what data Aurek keeps and why, and how to behave on the feed. They are part of these Terms.

Agreeing electronically. You agree to these Terms by checking the box and typing your full legal name when you create an account, or on the “Review and sign the updated Terms” screen. You agree that this is your electronic signature, that it has the same effect as signing on paper, and that you are happy to receive these Terms and notices about them electronically (in the app, on this page or by email). We keep a record of each signature: the name typed, the date and time, the version of the Terms, the account email, the device or browser, the app version and the IP address it came from. You can see what you signed in Settings › Help & support › Terms you signed, and download a copy.

Your health data consent is separate. When you sign, you also check a separate box to consent to Aurek collecting and using your health and fitness data to run your plan. That consent is described in the Consumer Health Data Privacy Policy, and you can withdraw it as that policy explains.

Electronic notices. To read and keep these Terms and our notices you need a device with a current web browser and an email address; you can save or print this page at any time. We send notices to your account email or show them in the app. Keep your email address current (Settings › Account). You can ask for a paper copy of these Terms or of a notice for free by emailing us. You can withdraw your consent to electronic notices by deleting your account; because Aurek is an online service, it can’t be used without them.

If you don’t agree to these Terms, don’t use the Service.

2. Who can use Aurek

• You must be 18 or older to create an account, agree to these Terms and use Aurek.
• Aurek is not for anyone under 18, with or without a parent’s permission. Don’t create an account if you are under 18. If we learn an account belongs to someone under 18, we will close it and delete its data.
• Aurek is offered to people in the United States. We don’t promise that it is appropriate or available elsewhere, and if you use it from somewhere else you are responsible for following the laws there.
• You may not use the Service if you are located in a country subject to a U.S. Government embargo, or if you are on a U.S. Government list of prohibited or restricted parties.
• You may not use the Service if the law where you live doesn’t allow it, or if we closed an earlier account of yours for breaking these Terms.
• To buy a subscription you must be allowed to use the payment card you give us.

3. Your account

• You need an account to use Aurek. One account per person. Give accurate information, keep your password to yourself and tell us right away if you think someone else is using your account. You’re responsible for what happens in your account.
• You can delete your account at any time in Settings → Your data → Delete my account (in the iPhone app or on the website). Deleting it cancels a subscription first and then removes your data as described in the Privacy Policy. We keep the record of the Terms you signed for 3 years after deletion, as proof of the agreement, unless the law requires otherwise.

4. Health and safety: not medical advice

• Aurek gives general fitness, nutrition and sleep information only. It is not medical advice, diagnosis or treatment, and it doesn’t replace a doctor, registered dietitian, physical therapist or coach who knows you. Nothing in Aurek creates a doctor–patient or other professional relationship. Aurek is not a dietitian or nutritionist, and its nutrition targets are general wellness guidance, not medical nutrition therapy.
• Check with a doctor before you start any new training, running or nutrition plan, and before changing one, especially if you have or had an injury, a heart, lung, joint or other health condition, high blood pressure, diabetes, kidney disease, an eating disorder, if you are pregnant or recently gave birth, or if you take medication.
• Stop right away and get medical help if you feel pain, chest pain or pressure, dizziness, faintness, unusual shortness of breath, an irregular heartbeat or anything else that worries you. In an emergency, call 911. Aurek is not an emergency service and doesn’t watch your data for problems. Never ignore professional medical advice, or wait to get it, because of something in Aurek.
• If you have or had an eating disorder, or are struggling with food, weight or exercise, talk to a professional before using calorie targets or weight goals. In the United States you can call or text 988 for the Suicide & Crisis Lifeline.
• Training plans, weights, paces, readiness scores, calorie and macro targets, sleep advice and other numbers in Aurek are estimates from general formulas and the information you give. They can be wrong for you. Choose weights and paces you can handle with good form, and use a spotter and safety equipment where appropriate.
• AI estimates can be wrong. Food photo, label and menu estimates, journal replies and other AI features can misidentify foods, portions or allergens. Check them before you rely on them, especially if you have a food allergy or a medical diet. Food data from public databases (USDA FoodData Central, Open Food Facts) can also be wrong or out of date.
• Readings from Apple Health (including what a watch or ring such as an Apple Watch, Garmin, Oura or WHOOP writes to it) can be incomplete or inaccurate. The readiness score is a wellness estimate, not a medical measurement. Aurek is not a medical device and isn’t meant to diagnose, treat, detect or monitor any disease or condition.
• You decide what you do. You are responsible for choosing whether and how to follow any suggestion, and for your own health and safety while you train.

5. Assumption of risk and release

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Exercise and nutrition carry risks. Strength training, running, conditioning, fitness tests and max-effort attempts, stretching, training with other people, and changes to what and how much you eat or how you sleep can cause injury, illness, and in rare cases permanent disability or death. Risks include, among others: muscle, tendon, ligament, joint and bone injuries; injuries from equipment, falling weights or falls; heart attack, stroke and heat illness; dehydration; and harm from under- or over-eating or from food allergies. Running or walking outdoors, including GPS-tracked runs, adds risks from traffic, terrain, weather, darkness and other people; don’t look at your phone while you move. Training together with friends or partners you meet through Aurek (for example a group workout or a training partner) adds the risks of meeting people in person and of their conduct: Aurek doesn’t organize, supervise or check anyone, so meet in public places and tell someone where you’ll be.

YOU USE THE SERVICE AND DO ANY EXERCISE, RUN, TEST OR NUTRITION CHANGE VOLUNTARILY AND AT YOUR OWN RISK. YOU KNOWINGLY ASSUME ALL RISKS OF INJURY, ILLNESS, DEATH AND DAMAGE TO PROPERTY, KNOWN AND UNKNOWN, THAT COME FROM THOSE ACTIVITIES, EVEN IF THEY FOLLOW A SUGGESTION IN AUREK.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE AND DISCHARGE JAC SOFTWARE LLC (DOING BUSINESS AS AUREK) AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, CONTRACTORS AND SERVICE PROVIDERS FROM ALL CLAIMS, DEMANDS AND LIABILITY OF ANY KIND ARISING FROM OR RELATED TO THOSE ACTIVITIES OR YOUR USE OF THE SERVICE, INCLUDING CLAIMS BASED ON NEGLIGENCE, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR WHERE THE LAW DOES NOT ALLOW A RELEASE.

This release binds you, your heirs, your estate and anyone claiming on your behalf. If you live in California, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other state, as far as the law allows.

6. AI features

• What they are. Some features use artificial intelligence (“AI”): estimating a meal from a photo or a description, reading a nutrition label or a menu, turning a schedule into events, reading a watch screenshot on the website, and optional replies to your journal. When you use them, you are dealing with a computer program that generates text, not a person.
• Off until you allow them. The first time you use an AI feature, Aurek asks whether to allow AI features and explains what is sent and to whom. You can turn them off any time in Settings › Your data › AI features. Every AI feature can be skipped and entered by hand.
• Who processes your request. What you submit is sent through our server to a third-party AI provider (today Google’s Gemini API) to produce the answer, as the Privacy Policy describes. Your sleep, readiness, heart rate, HRV, check-in answers, injuries and anything from Apple Health are never sent to AI features.
• AI can be wrong. AI answers can be inaccurate, incomplete or made up, can misidentify foods, portions and allergens, and are not medical, dietary, mental health or other professional advice. A journal reply is a short reflection, not therapy or counseling. Review every AI result before you rely on it or log it. We provide AI results “as is” (section 23).
• Your part. Only submit photos and text you have the right to use, don’t include other people’s personal information or anything you don’t want processed, and don’t use AI features to create anything illegal, harmful or that breaks section 17. We may limit how often you use AI features (daily limits) and may change the AI provider or turn a feature off.
• Who owns it. What you submit stays yours. You may use the results for your own fitness tracking. We don’t use your submissions or results to train AI models.

7. Subscriptions and prices

• Plans: Monthly at $12.99 per month, or Yearly at $69.99 per year (shown as “Save 55%” compared with paying monthly for 12 months). Prices are in US dollars. Sales tax is added where it applies and is shown at checkout.
• Where you buy: subscriptions are sold on our website. The iPhone app doesn’t sell subscriptions; it opens the website in Safari when you choose to subscribe.
• What you see before you pay: before you start a trial or subscription, the checkout screen shows the price, how often you’ll be charged, the date of the first charge, that it renews automatically until you cancel, and how to cancel. You agree to those terms by tapping Start free trial or Subscribe and completing Stripe’s checkout.
• What it includes: full use of Aurek while your subscription (or free trial) is active — training plans and seasons, readiness-based workouts, nutrition targets, sleep coaching, run tracking, AI features (within their daily limits) and the squad feed. Features may change as the app improves (section 20).
• Free access: while subscriptions are switched off, the Service is free to use. Once they are on, every account needs a subscription (after its free trial), including accounts created earlier and test accounts. We may give free access to specific accounts we choose; it lasts for the time we tell you. We’ll tell you before subscriptions are switched on, and you’ll never be charged without starting a subscription yourself.
• Earlier prices: if you subscribed at an earlier price ($9.99 a month or $59.99 a year), you keep that price for as long as your subscription stays active.
• Price changes: if the price of your plan changes, we’ll email you at least 7 and no more than 30 days before it applies to you, with how to cancel. The new price applies from your next renewal after that, and you can cancel before then.

8. Free trial

• New subscribers get one 7-day free trial per person. You add a payment card at checkout; nothing is charged that day.
• When the trial ends, your plan starts and your card is charged the plan’s price, and then again every month or year until you cancel, unless you cancel before the trial ends. The checkout page, the confirmation email and the app show the exact date.
• We email you a confirmation when the trial starts and remind you (by email and notification) 3 days before it ends.
• Cancel during the trial and you won’t be charged at all. Your access ends when the trial ends.

9. Automatic renewal

• Your subscription renews automatically at the end of each period (every month or every year) and your card is charged the plan’s price at that time, until you cancel. By subscribing you authorize these recurring charges.
• We email you a confirmation with your plan, price, first charge date and how to cancel when you subscribe. Stripe emails you a receipt for each payment. You can see your invoices and the next renewal date in Settings → Subscription → Manage billing, or in Account on the website.
• Yearly plans: we email you a reminder 30 to 45 days before each yearly renewal, with the amount and how to cancel. Every subscriber also gets at least one reminder a year of what the plan costs, how often it renews and how to cancel.
• If a payment fails, Stripe tries again over the next few days. You keep access for 3 days while you update your card; after that, access pauses until the payment goes through. Your data stays saved.

10. Cancelling

• Cancel any time, online, the same way you subscribed: in the app, Settings → Subscription → Cancel subscription; on the website, Account → Cancel subscription (or Manage billing → Cancel). You can also email support@aurek.app from your account email and we’ll cancel it for you.
• When you cancel we may ask why (optional) and offer to pause your plan or a discount instead. You never have to accept an offer or answer the question: “Continue to cancel” is always on the same screen, and confirming on Stripe’s page cancels right away.
• Cancelling takes effect at the end of the current trial or paid period — you keep access until then and aren’t charged again. Settings → Subscription (or Account on the website) shows the date your access ends.
• Deleting your account cancels your subscription immediately, before any data is deleted, so you’re never charged again.
• After a subscription ends, your account and everything you logged stay saved. You can subscribe again any time and pick up where you left off, or delete everything.

11. Refunds

• Payments already made are not refunded for partly used periods, except where the law requires it or these Terms say otherwise.
• If you were charged by mistake — for example, a renewal you meant to cancel — contact us within 14 days of the charge. We’ll look at every request, and approved refunds are paid back through Stripe to the original card (it usually takes 5–10 business days to show up).
• If we raise your price and you didn’t agree to the new price, you can cancel and ask for a refund of the higher charge within 14 days of it.
• If you live where the law gives you a right to cancel and get a refund (for example a cooling-off period), that right applies in addition to these Terms.

12. Payments are processed by Stripe

Checkout, card storage, receipts, renewals, cancellations and refunds are handled by Stripe, Inc. Your card details go straight to Stripe and are never sent to or stored by Aurek. Stripe’s own terms and privacy policy apply to the payment itself. See the Privacy Policy for what Aurek and Stripe know about you. You are responsible for any fees your bank charges you.

13. Referrals and promotions

• How invites work. Your invite link is in Settings. When someone creates an Aurek account from your link (within 7 days of opening it) and their first paid subscription payment goes through, you get a free month: a credit of one monthly price ($12.99) on your next Aurek bill. If you don’t pay for Aurek yourself (for example free access we gave you), there is no bill to credit and you get our thanks instead.
• Limits. At most 12 free months a year. Credits have no cash value, can’t be transferred or exchanged, and are lost if your subscription ends or your account is deleted. Referring yourself, creating extra accounts, or using fake or shared accounts doesn’t count, and we may remove credits earned that way and close those accounts.
• Tell people you get a reward. When you share your link, say that you get a free month if they subscribe (Aurek’s share text already does). Don’t spam, pay for ads using Aurek’s name, or post your link where the rules don’t allow it.
• Offers and codes. Discounts, pauses and other offers (including the offers shown when you cancel) are one per person unless we say otherwise, apply only as described when they’re offered, and can’t be combined unless we say so.
• We may change or end the referral program or an offer at any time; credits already earned stay on your account while your subscription is active.

14. What you post, squads and leaderboards

• You own what you post to the feed, comments and the feedback board, and what you share with friends or a squad (“your content”). You give Aurek a worldwide, non-exclusive, royalty-free license to host, store, show, copy and adapt your content (for example resize a photo or cut the start and end off a run map) only to run the Service and show it to the people you chose (friends or everyone). The license ends when you delete the content or your account, except for copies others already shared, copies in backups until they expire, or what we must keep by law.
• Who sees it. Friends-only posts and squad stats go to the people you added as friends; public posts and public squad cards to every Aurek user with a confirmed email. Your display name appears with what you post and on squads and leaderboards you join. Don’t share anything you don’t want those people to see; you can change visibility or delete it later.
• You are responsible for your content. Only post what you have the right to post, including photos of other people, who must have agreed.
• Don’t post anything illegal, hateful, harassing, threatening, sexual or violent; anything that promotes self-harm, eating disorders, extreme dieting or dangerous challenges; spam or ads; someone else’s private information, location or photos without their permission; or anything that impersonates someone.
• Posts pass an automatic filter. Anyone can report a post or comment, and you can block anyone from the post menu. A post that gets several reports is hidden until we review it. We review reports and remove objectionable content, usually within 24 hours.
• We may remove any content and suspend or close accounts that break these rules, at our discretion and, where we think it’s needed, without notice. We don’t have to check content before it’s posted and aren’t responsible for what other users post. If you think we removed your content or limited your account by mistake, email us and we’ll look again.
• Leaderboards, challenges and squads are for encouragement only: they award no prizes, and numbers people enter themselves aren’t checked.
• The Community Guidelines explain these rules with examples. They are part of these Terms.

15. Intimate images and child safety

• Intimate images shared without consent. If an intimate image or video of you (including a fake made with AI) was posted on Aurek without your consent, you or someone authorized to act for you can ask us to remove it, even without an Aurek account. Use ⋯ → Report on the post, and email support@aurek.app with the subject “Intimate image removal”, including: your name and how to reach you; where the image is (the post’s author and date, or a screenshot); a statement that you are the person shown (or authorized to act for them) and that it was shared without consent; and your physical or electronic signature. We remove valid requests within 48 hours and make reasonable efforts to remove identical copies.
• Child safety. Aurek is for adults. We have zero tolerance for child sexual abuse material or the sexual exploitation of children. We remove it, close the account and report it to the National Center for Missing & Exploited Children as the law requires.

16. Copyright complaints (DMCA)

We respect copyright and respond to notices of claimed infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

• Our copyright agent. JAC Software LLC, attention: Copyright Agent, support@aurek.app. Our agent’s postal address and phone number are listed in the U.S. Copyright Office’s DMCA Designated Agent Directory (dmca.copyright.gov).
• Sending a notice. If you believe something posted on Aurek (for example a feed photo) infringes a copyright you own or are allowed to act for, email our copyright agent with the subject “Copyright complaint”. Include: (1) your physical or electronic signature; (2) the copyrighted work you say is infringed; (3) the material you want removed and where it is (the post’s author and date, or a screenshot), with enough detail for us to find it; (4) your name, postal address, phone number and email address; (5) a statement that you believe in good faith that the use isn’t authorized by the copyright owner, its agent or the law; and (6) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.
• What we do. When we get a complete notice we remove or disable access to the material promptly and tell the person who posted it, with a copy of the notice (your contact details may be included so they can respond).
• Counter-notice. If your content was removed and you believe that was a mistake or a misidentification, send a counter-notice to the same address with: (1) your physical or electronic signature; (2) the material that was removed and where it appeared before; (3) a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; and (4) your name, postal address and phone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you live outside the United States, any judicial district in which we may be found) and that you will accept service of process from the person who sent the notice. We send the counter-notice to that person and restore the material 10 to 14 business days later, unless they tell us they have filed a court action to stop the infringement.
• Repeat infringers. We close the accounts of people who repeatedly infringe copyrights, in appropriate circumstances.
• Knowingly misrepresenting that material infringes, or that it was removed by mistake, can make you liable for damages (17 U.S.C. § 512(f)).

17. Acceptable use

Use Aurek only for your own fitness and only as these Terms allow. In particular, don’t:

• break the law, or use Aurek to harm, stalk, track or harass anyone, or to find out where someone lives or trains;
• try to get into other people’s accounts or data, or into parts of the Service you aren’t allowed to use; share your account or password; or impersonate anyone;
• copy, sell, resell, rent or sublicense the Service, use it to coach or sell to others commercially, or reverse engineer, decompile or take apart its software except where the law allows;
• scrape it or collect data from it with bots, scripts or other automated means; use its content (including exercise plans, text, images and animations) to train or improve an AI model; or build a competing product from it;
• overload it, probe or test it for weaknesses except as section 21 allows, upload viruses or harmful code, or get around its security, limits or paywall (for example daily AI limits, rate limits or one free trial per person);
• create accounts with false information, automatically, or to get around a suspension;
• post or send content that breaks section 14 or the Community Guidelines.

18. Our content, licenses and feedback

• Aurek, its name, logo, design, training content, exercise animations and software belong to us or our licensors and are protected by law. We give you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial fitness use under these Terms. We keep all other rights.
• Some data comes from others and keeps their terms: food data from the U.S. Department of Agriculture (FoodData Central) and from Open Food Facts (openfoodfacts.org, under the Open Database License), and maps from OpenStreetMap (© OpenStreetMap contributors).
• Feedback. If you send us ideas, suggestions or feedback (for example on the feedback board), you allow us to use them for any purpose, without paying you or naming you, and we may keep using them after your account ends. Your feedback posts themselves stay yours as described in section 14.

19. Other companies’ services

Aurek works with services run by other companies, including Apple (the App Store, Apple Health, notifications), Google (Firebase hosting and sign-in, the Gemini API), Stripe (payments), OpenStreetMap (maps) and public food databases. Their own terms and privacy policies apply to how you use them. We aren’t responsible for their services, and if one of them changes or stops, an Aurek feature that depends on it may change or stop too. Links to other websites are for convenience; we don’t control or endorse them.

20. Beta features and changes to the Service

• Some features may be marked beta, preview or new. They may not work as well, may change and may be removed. Use them at your own risk; this section and section 23 apply to them fully.
• We keep improving Aurek, so features, limits and how things look can change, and we may stop offering a feature. If we stop offering the Service entirely, we’ll tell you in advance where we can, give you time to download your data, and refund the unused part of a paid period (section 22).

21. Security and reporting vulnerabilities

• We work to protect your account and data (see the Privacy Policy), but no service is perfectly secure. Use a strong password you don’t use anywhere else, and tell us right away if you think your account was accessed without permission.
• Found a security problem? Email support@aurek.app with the subject “Security report”, with enough detail for us to reproduce it. Give us a reasonable time to fix it before telling anyone else.
• When you look for a problem, use only your own accounts and data; don’t access, change or delete anyone else’s data; don’t degrade the Service (no load or denial-of-service testing, no spam, no social engineering); and stop and tell us as soon as you find a problem. If you follow these rules in good faith, we won’t take legal action against you for that research. This doesn’t authorize testing of other companies’ services that Aurek uses.

22. Ending access

You can stop using Aurek and delete your account at any time. We may suspend or close an account that breaks these Terms or misuses the Service (for example abusing free trials, referrals or the AI features), when the law requires it, or to protect other people or the Service, or we may stop offering the Service. If we close a paid account for a reason other than a breach of these Terms, or stop offering the Service, we refund the unused part of the current period. Sections that by their nature should survive (including 4, 5, 6, 11, 14 to 18, and 22 to 31) continue after your account ends.

23. Disclaimer of warranties

THE SERVICE, INCLUDING AI FEATURES AND BETA FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AUREK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON’T PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WON’T BE LOST, THAT ESTIMATES, FOOD DATA OR AI RESULTS WILL BE ACCURATE, OR THAT YOU WILL REACH ANY FITNESS, WEIGHT OR HEALTH RESULT.

We work to keep Aurek available and accurate. Some places don’t allow these disclaimers; there, they apply only as far as the law allows.

24. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) AUREK AND ITS OWNERS, AFFILIATES, CONTRACTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL OR OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF US $100 OR THE AMOUNT YOU PAID AUREK IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

These limits apply whatever the legal theory (contract, tort including negligence, or otherwise) and even if a remedy fails of its essential purpose. They don’t limit liability for gross negligence, willful misconduct, fraud, or anything else the law doesn’t allow us to limit, and nothing in these Terms limits rights you have under consumer protection laws that can’t be waived.

25. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Aurek and its owners, affiliates, contractors and service providers from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) brought by a third party and arising from: (a) your content; (b) your misuse of the Service; (c) your breach of these Terms; or (d) your violation of any law or of someone else’s rights. We’ll tell you about such a claim, and we may take over its defense at our own cost, in which case you’ll cooperate.

26. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AUREK TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION, NOT IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION.

1. Talk to us first. Before starting any claim, you and we agree to try to resolve the dispute informally. Send a written notice with your name, your account email, a description of the dispute and what you want to support@aurek.app (we send ours to your account email). If it isn’t resolved within 30 days after the notice is received, either side may start arbitration. Deadlines for bringing a claim are paused during those 30 days.
2. Binding individual arbitration. Any dispute, claim or controversy between you and Aurek arising from or relating to these Terms, the Service or your use of it, including whether this section applies, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org), except as stated below. The arbitrator may award the same individual relief a court could, but only to you individually. Fees are paid as the AAA Consumer Arbitration Rules provide; for a claim you bring, we pay any fees beyond what those rules require you to pay. The arbitration may take place by video or phone, by written submissions, or in the county where you live. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.
3. Many similar claims. If 25 or more similar claims are brought against Aurek, or by Aurek, by or with the help of the same or coordinated legal counsel, they are administered under the AAA’s Mass Arbitration Supplementary Rules (with its fee schedule for mass arbitrations), which apply in addition to the Consumer Arbitration Rules. Each claim is still decided individually on its own facts, and no one is bound by the outcome of a claim they aren’t part of.
4. Small claims. Either side may instead bring an individual claim in small claims court, as long as it stays there and qualifies.
5. Intellectual property and urgent relief. Either side may go to court for claims about infringement or misuse of intellectual property, or for a temporary injunction to stop serious harm while arbitration is pending.
6. Class action and jury trial waiver. YOU AND AUREK EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND AUREK WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim (and only that claim) will be decided in court under section 27, not in arbitration.
7. 30-day opt-out. You can opt out of this arbitration agreement by emailing support@aurek.app within 30 days after you first agree to these Terms, from your account email, with the subject “Arbitration opt-out” and your name. Opting out doesn’t affect any other part of these Terms, and an earlier opt-out stays in effect. If we make a material change to this section, you can reject the change within 30 days of it taking effect, and the earlier version keeps applying to you.

27. Governing law and venue

• These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules, except where the consumer laws of the place you live say otherwise. The Federal Arbitration Act governs section 26.
• Any dispute that isn’t arbitrated (including if you opt out of arbitration) will be decided only in the state or federal courts located in Broward County, Florida, and you and we agree to their jurisdiction, unless the law where you live gives you the right to sue in your local courts.

28. Apple App Store terms

If you downloaded the Aurek iPhone app from the Apple App Store, these extra terms apply:

• These Terms are between you and Aurek only, not Apple Inc. (“Apple”). Aurek, not Apple, is solely responsible for the app and its content.
• Your license to use the app is limited to using it on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation at all to provide any maintenance or support for the app. Contact us for support (section 32).
• If the app fails to conform to any warranty that applies, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are Aurek’s responsibility, to the extent these Terms don’t disclaim them.
• Aurek, not Apple, is responsible for addressing any claims by you or a third party about the app or your possession and use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, including in connection with HealthKit.
• If a third party claims the app or your possession and use of it infringes their intellectual property rights, Aurek, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must follow any applicable third-party terms (for example your wireless data plan) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

29. Changes to these Terms

• We may update these Terms. The new version will be posted on this page with a new date and version id, and earlier versions are available on request.
• For material changes, we’ll tell you in the app (and by email if the change affects your subscription) and ask you to read and sign the new version before you keep using Aurek. If you don’t agree, you can stop using Aurek and delete your account; a paid period you already started isn’t affected, and if the change affects your subscription we’ll tell you before it takes effect. A change never applies to a dispute you told us about before the change.
• Smaller changes (for example fixing typos or making things clearer) take effect when posted.

30. General

• These Terms (with the Privacy Policy, the Consumer Health Data Privacy Policy and the Community Guidelines) are the whole agreement between you and Aurek about the Service and replace any earlier version.
• If any part of these Terms is found unenforceable, that part is limited or removed as little as needed, and the rest stays in effect (except as section 26 says about the class action waiver).
• If we don’t enforce a part of these Terms right away, we haven’t given up the right to enforce it later.
• You may not transfer these Terms or your account to anyone else. We may transfer them, for example to a company that takes over running Aurek, buys or merges with JAC Software LLC, or receives Aurek’s assets; your data then stays protected as the Privacy Policy says, and we’ll tell you if that happens.
• We aren’t responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, outages at our service providers or internet providers, attacks, war, government action or labor disputes.
• Nothing in these Terms creates a partnership, employment or agency relationship. There are no third-party beneficiaries except as section 28 says about Apple.
• Notices to you go to your account email or appear in the app; notices to us go to support@aurek.app. Notices are received when sent, unless the sender learns they weren’t delivered.
• You agree to follow U.S. export control and sanctions laws when using the Service.
• California users: under California Civil Code section 1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
• Headings are for convenience only. “Including” means “including without limitation”. If these Terms are translated, the English version controls.

31. Accessibility

We want everyone to be able to use Aurek, and we aim to meet the Web Content Accessibility Guidelines (WCAG) 2.1 level AA on the website and to support the iPhone’s accessibility features (VoiceOver, Larger Text, Reduce Motion). Some parts may not meet that yet. If something is hard to use with your device or assistive technology, email support@aurek.app with the subject “Accessibility” and what you ran into, and we’ll help you another way and work on a fix.

32. Contact

Questions about these Terms, notices, arbitration opt-outs, copyright and intimate-image complaints, security reports and accessibility: use Settings › Help & support in the app, or email support@aurek.app.

JAC Software LLC, doing business as Aurek · Florida, United States · Settings › Help & support in the app, or support@aurek.app.