Terms of Service

Effective date: June 20, 2026

1. Who we are

These Terms of Service ("Terms") govern your use of Formak, a service operated by [DAIARK S.L.] ("Formak", "we", "us"). Full operator details, including tax ID, registered office, and registry information, are available in the Legal Notice. By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.

Payments are handled by Paddle (Paddle.com Market Ltd), our Merchant of Record. The contract of sale for any paid product is between you and Paddle, on Paddle's buyer terms. These Terms govern your use of the Formak service itself.

2. The service

Formak analyses video or image footage you upload and returns biomechanical estimates — a reconstructed 3D skeleton, joint angles, and related metrics — for sport, training, and informational purposes.

The service is provided "as is." Outputs are computed estimates, not clinical measurements, and may contain errors. We make no warranty as to their accuracy, completeness, or fitness for a particular purpose, beyond what cannot be excluded under applicable law.

Not medical, diagnostic, or rehabilitation advice. Formak does not diagnose, treat, or prevent any injury or medical condition and is not a medical device. Do not rely on it for medical or health decisions. Consult a qualified professional for any health or injury matter. We are not liable for decisions taken in reliance on outputs.

We may add, change, suspend, or discontinue features at any time, and will give reasonable notice of material changes that adversely affect a paid feature you rely on.

3. Accounts

You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. One account per person. You must be at least 18. We are not responsible for losses arising from your failure to keep your account secure.

4. Acceptable use

You agree not to:

• resell, sublicense, rent, or commercially redistribute the service, its outputs, or access to it;
• share, sell, or transfer your account or credentials;
• access the service by automated means, in bulk, or at volumes beyond normal individual use, except through an interface we expressly provide for that purpose;
• reverse engineer, decompile, or attempt to extract source code or model weights, except where such restriction is prohibited by law;
• circumvent, disable, or interfere with usage metering, credit accounting, rate limits, authentication, or any security or access control;
• probe, scan, or test the vulnerability of the service or breach its security;
• use the service for any unlawful purpose or in breach of these Terms.

5. Your content (uploads)

You retain ownership of the footage you upload ("Your Content"). You grant us a limited, non-exclusive licence to process, store, and transmit Your Content solely to provide the service and as described in the Privacy Policy.

You represent and warrant that, for every clip you upload: (a) you own it or hold all rights necessary to upload and process it; (b) you have the informed consent of every identifiable person shown; (c) every identifiable person shown is an adult, unless you hold the consent of a parent or guardian for each minor shown; and (d) it does not infringe any third party's rights and is not unlawful or prohibited content.

You agree to indemnify and hold us harmless against claims, losses, and costs arising from Your Content or from breach of these representations.

We do not use Your Content to train our models unless you separately opt in (see the Privacy Policy). We may remove content or suspend access where we reasonably believe these representations are breached.

6. Credits, plans, and billing

The service is accessed using credits. One credit equals one analysis run of up to 30 seconds of footage.

Credits are obtained via subscription tiers (a monthly allotment of credits that does not roll over and expires at the end of each billing period) and prepaid credit packs (one-time purchases; prepaid credits expire 12 months after purchase).

Credits have no cash value, are not legal tender, and are non-transferable. Prices and the contents of plans and packs may change; changes do not affect packs already purchased.

Subscriptions auto-renew at the end of each period until cancelled. You may cancel at any time via the customer portal; cancellation takes effect at the end of the current paid period, and you keep access until then. Billing, invoicing, and tax (VAT/IVA) are handled by Paddle as Merchant of Record.

7. Right of withdrawal and digital content

This clause concerns consumers in the EU/EEA.

The products are digital content and digital services supplied without a tangible medium and made available to you immediately. By purchasing and confirming at checkout, you expressly request that performance begin / the digital content be made available immediately, within the 14-day withdrawal period, and you acknowledge that you thereby lose your right of withdrawal once performance has begun, in accordance with Article 103 of the consolidated text of the General Law for the Defence of Consumers and Users (TRLGDCU). Paddle's order confirmation serves as confirmation of this consent on a durable medium.

This does not affect your statutory rights where a product is faulty, not as described, or not fit for purpose, which cannot be waived. See the Refund Policy.

8. Suspension and termination

We may suspend or terminate your account — with or without notice, depending on severity — if you materially breach these Terms (including the Acceptable Use clause), engage in fraud, abuse, or unlawful use, or initiate a chargeback in respect of services already provided.

On termination for material breach, fraud, or abuse, any remaining credits are forfeited and non-refundable. On termination by you in the ordinary course, unused prepaid credits are handled per the Refund Policy. We will not arbitrarily terminate a paying account in good standing. A chargeback against a transaction for services you have received is treated as a material breach.

9. Limitation of liability

Nothing in these Terms excludes or limits any liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud, or any mandatory consumer-protection liability.

Subject to that, and to the fullest extent permitted by law: we are not liable for indirect, incidental, special, or consequential loss, or loss of profits, data, or goodwill; and our total aggregate liability arising out of or in connection with the service is limited to the greater of the total amount you paid us in the 12 months before the event giving rise to the claim, or EUR 100.

10. Changes to these Terms

We may update these Terms. We will post the updated version with a new effective date and, for material changes, give reasonable advance notice. Continued use after the effective date constitutes acceptance.

11. Governing law and disputes

These Terms are governed by Spanish law.

Consumers: this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your domicile. You may also have access to out-of-court dispute-resolution mechanisms.

Businesses (non-consumers): the courts of Donostia-San Sebastián, Gipuzkoa have exclusive jurisdiction.

Contact: [email protected]