Terms of Service

1. About these Terms

These Terms of Service ("Terms") form a binding contract between you ("you" or "User") and Lorenzo Frascolla, a sole proprietor doing business as Namas ("Namas," "we," "us," or "our"), governing your access to and use of the Namas mobile application (the "App"), the website at namas-app.com (the "Site"), and all related services (together, the "Service"). Our Privacy Policy, available at namas-app.com/privacy, is incorporated into these Terms by reference.

By creating an account, tapping "I agree," or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Definitions

• "Client" — a User who books a Session as an athlete or customer.
• "Coach" — a User who offers Sessions for booking as an independent service provider.
• "Session" — a coaching, training, or activity event listed by a Coach.
• "User Content" — any content a User submits to the Service, including profile details, session listings, messages, ratings, reports, and photos.
• "Stripe" — Stripe, Inc. and its affiliates, our payments processor.
• "Platform Fee" — the service fee Namas charges on transactions, as disclosed in the Service.

3. Eligibility and accounts

• Age. You must be at least 18 years old and capable of forming a binding contract to use the Service. You represent and warrant that you meet this requirement.
• Accuracy. You must provide accurate, current, and complete information and keep it up to date.
• Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity on your account. Notify us immediately at contact@namas-app.com of any unauthorized use.
• One account per person. Do not create multiple accounts, impersonate another person, or transfer your account without our written consent.
• Suspension. We may suspend or terminate accounts that violate these Terms or that we reasonably suspect of fraud, abuse, or risk to other Users.

4. The Service is a marketplace, not a coach or agent

Namas operates an online marketplace that allows Coaches and Clients to discover each other and transact. Namas is not a party to any agreement between Coaches and Clients. Coaches are independent contractors and not employees, partners, agents, or joint venturers of Namas. Namas does not provide coaching, instruction, transportation, equipment, facilities, or supervision, and does not control or direct the manner or means by which Coaches deliver Sessions.

Namas does not endorse any Coach, Client, Session, rating, or User Content. We do not perform background checks, criminal history checks, identity verification, or credential verification on Users, except limited checks performed by Stripe in connection with Coach onboarding. You are solely responsible for evaluating any Coach or Client you interact with and for deciding whether to participate in any Session.

5. Bookings, payments, refunds, and chargebacks

5a. Payment processing by Stripe

All payments on the Service are processed by Stripe. By using the Service to pay or accept payment, you agree to Stripe's Services Agreement and, for Coaches, the Connected Account Agreement. Stripe may collect and process payment information directly; Namas does not store full card numbers or bank credentials.

5b. Merchant of record

For paid Sessions, the Coach is the merchant of record for the Session fee. Namas charges Clients on the Coach's behalf via Stripe Connect and remits funds, less the Platform Fee and Stripe's processing fees, to the Coach's connected Stripe account. Namas is the merchant of record only for its own Platform Fees and any Namas-branded subscription products.

5c. Fees and taxes

Coaches set Session prices. The Platform Fee, Stripe processing fees, and applicable taxes will be disclosed before checkout. Each Coach is solely responsible for determining, collecting, reporting, and remitting all taxes associated with Sessions the Coach sells through the Service. Coaches may receive tax forms (e.g., IRS Form 1099-K) directly from Stripe under applicable thresholds.

5d. Cancellation and refund policy

• Client cancellation more than 24 hours before a Session: full refund, less any non-refundable fees disclosed at checkout.
• Client cancellation within 24 hours of a Session ("late cancel"): refund at the Coach's discretion.
• Coach cancellation: Client receives a full refund.
• No-show: no refund unless the Coach approves one.
• Force majeure cancellations (e.g., severe weather, facility closure): the Coach may reschedule or refund in accordance with the Session listing.

Refunds are issued to the original payment method. Platform Fees and payment-processing fees are non-refundable except where required by law.

5e. Chargebacks

If a Client initiates a chargeback, Namas will provide the payment processor with transaction records. Coaches agree that chargebacks, refunds ordered by Stripe, and fraud-related reversals may be deducted from their Stripe Connect balance. Abusive chargeback behavior (for example, fraudulent claims after services were rendered) may result in account termination.

5f. Disputes between Users

Namas may, as a courtesy and without obligation, attempt to mediate disputes between Coaches and Clients, but we are not a party to those disputes. You release Namas from any claim, demand, or damages arising out of disputes with other Users.

6. User Content and license to Namas

You retain ownership of all rights in the User Content you submit. By submitting User Content, you grant Namas a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works of that User Content solely for the purposes of operating, providing, promoting, and improving the Service. This license terminates when you delete the User Content or your account, except to the extent the content has been shared with others or retained in back-ups as permitted by our Privacy Policy, or is reasonably required for legal, safety, or fraud-prevention purposes.

You represent and warrant that (a) you own or have the necessary rights to the User Content you submit, (b) your User Content and our authorized use of it will not infringe any third party's rights or violate any law, and (c) your User Content is accurate and not misleading.

7. User-generated content and platform immunity

Namas acts as an interactive computer service provider under 47 U.S.C. § 230 with respect to User Content. We do not pre-screen, endorse, or verify User Content, and we are not liable for User Content provided by others. We may, but have no obligation to, monitor, edit, remove, or disable any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

8. Acceptable use

You agree not to:

• Violate any applicable law or regulation, or infringe any third party's rights.
• Harass, threaten, defame, stalk, or discriminate against any person.
• Post content that is unlawful, obscene, sexually explicit, violent, hateful, or exploitative of minors.
• Impersonate any person or misrepresent your affiliation, credentials, certifications, or licenses.
• Circumvent the Service's payment system, solicit payment off-platform to avoid fees, or engage in price-fixing with other Coaches.
• Upload viruses, malware, or code designed to interfere with the Service.
• Scrape, crawl, reverse-engineer, decompile, or build a competing product from the Service, except as permitted by law.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Use the Service for any unlawful, deceptive, or fraudulent purpose.

We may, at our discretion, remove content, suspend features, or terminate accounts for violations. We may also report violations to law enforcement.

9. Coach-specific obligations

If you list Sessions as a Coach, you additionally agree that:

• You have the legal right, skills, training, licenses, certifications, and authorizations required to offer the Sessions you list.
• You will conduct Sessions safely, professionally, and in compliance with all applicable laws (including health and safety, child-protection, data-protection, and consumer-protection laws).
• You will carry any insurance reasonably appropriate for your activities (for example, general liability insurance).
• You are solely responsible for your own tax obligations, including collection and remittance where applicable.
• You will respond promptly to booking inquiries, cancellations, and refund requests.
• You will not require Clients to transact outside the Service.
• You acknowledge that you are an independent contractor and not an employee, partner, or agent of Namas.

10. Assumption of risk and release

Physical activity carries inherent risks, including serious injury, permanent disability, and death. By using the Service, booking or hosting a Session, or participating in any activity arranged through the Service, you knowingly and voluntarily assume all such risks, whether or not foreseeable.

To the fullest extent permitted by law, you release and forever discharge Namas, its owner, affiliates, service providers, and their respective personnel from any and all claims, demands, damages, losses, costs, and expenses (including attorneys' fees) arising out of or relating to your participation in any Session or your interactions with other Users, including claims based on negligence. This release does not apply to claims that cannot be released under applicable law.

We strongly recommend that you consult a physician before beginning any new activity and that you maintain your own health, accident, and liability insurance.

11. Intellectual property

The Service, including all text, graphics, logos, software, and the "Namas" name and marks (together, the "Namas IP"), is owned by Namas or its licensors and is protected by U.S. and foreign intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use (or, for Coaches, for the purpose of offering Sessions through the Service), subject to these Terms. All rights not expressly granted are reserved.

You may not copy, modify, distribute, sell, or lease any part of the Service or the Namas IP, and you may not reverse engineer or attempt to extract source code, except to the extent applicable law prohibits these restrictions.

12. Copyright complaints (DMCA)

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent that complies with 17 U.S.C. § 512(c)(3):

• Your physical or electronic signature;
• Identification of the copyrighted work allegedly infringed;
• Identification of the allegedly infringing material and its location on the Service;
• Your contact information;
• A statement that you have a good-faith belief the use is not authorized; and
• A statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated agent:
Lorenzo Frascolla, d/b/a Namas — DMCA Agent
Email: contact@namas-app.com

We may remove or disable access to allegedly infringing material and terminate repeat infringers' accounts. Knowingly materially misrepresenting infringement may result in liability under 17 U.S.C. § 512(f).

13. Third-party services

The Service may integrate with or link to third-party services (including Stripe, Supabase, Expo, Apple, and Google). We are not responsible for third-party services, their content, or their practices. Your use of third-party services is subject to their own terms and privacy policies.

14. App store additional terms

If you download the App from the Apple App Store, you acknowledge that these Terms are between you and Namas only, and that Apple is not responsible for the App or its content. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Similar provisions apply to Google Play and its operator.

15. Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, Namas disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; or that any Coach, Client, Session, rating, or User Content is accurate, safe, or qualified. Some jurisdictions do not allow the disclaimer of implied warranties, so some of these disclaimers may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law, in no event will Namas, its owner, or its service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.

Namas's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount of fees (excluding pass-through payments to Coaches) you paid to Namas in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits liability for fraud, willful misconduct, gross negligence, or any liability that cannot be limited under applicable law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Namas, its owner, affiliates, service providers, and their respective personnel from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or applicable law; (d) your violation of any third-party right, including intellectual property or privacy rights; (e) for Coaches, any Session you provide; and (f) for Clients, any interaction with a Coach or participant arising from a booking.

Namas reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense. You will not settle any indemnified claim without our prior written consent.

18. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

18a. Agreement to arbitrate

You and Namas agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration, and not in court, except as set out below. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., governs this agreement to arbitrate.

18b. Informal resolution first

Before filing an arbitration, you agree to try to resolve the Dispute informally by sending written notice to contact@namas-app.com describing the Dispute and proposed resolution. Namas will have 60 days to attempt to resolve the Dispute. If it is not resolved, either party may proceed to arbitration.

18c. Arbitration procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA's rules are available at adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be the U.S. county where you reside, unless you and Namas agree otherwise. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18d. Class action waiver

You and Namas agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. If this class action waiver is found unenforceable, the entirety of Section 18 is null and void, but the remainder of these Terms will remain in effect.

18e. Opt-out

You may opt out of this arbitration agreement by sending a written notice to contact@namas-app.com within 30 days of first accepting these Terms. Your notice must include your name, email, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.

18f. Exceptions

This Section 18 does not apply to: (a) small-claims court actions brought on an individual basis; (b) actions to enforce intellectual-property rights; and (c) injunctive or equitable relief to stop unauthorized use of the Service.

19. Governing law and venue (non-arbitration matters)

For any Dispute not subject to arbitration, these Terms are governed by the laws of the State of Florida (without regard to conflict-of-laws principles) and applicable federal law. You and Namas agree to the exclusive jurisdiction of the state and federal courts located in that state. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

20. Suspension and termination

You may terminate these Terms at any time by deleting your account (Profile → Delete Account). We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms, non-payment, fraud, risk to other Users, or operation of the Service. Sections that by their nature should survive termination (including Sections 4, 5e–5f, 6, 7, 10, 11, 15–19, and 22–24) will survive.

21. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time, including features, pricing, and availability. We are not liable to you or any third party for any such modification.

22. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide at least 14 days' notice by email or in-app notice before the changes take effect (or a shorter period if required by law). Your continued use of the Service on or after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may terminate your account.

23. Notices

We may provide notices to you by email to the address associated with your account, by push notification, or by posting in the Service. You agree that electronic notices satisfy any legal requirement that notice be in writing. You may give notice to us at contact@namas-app.com.

24. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Namas with respect to the Service.
• Severability. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision will not be a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, at our discretion, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, or acts of government.
• Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Namas.
• No third-party beneficiaries except as expressly stated (for example, Apple and Google under Section 14).
• Electronic signature. You consent to transact with us electronically and agree that your electronic acceptance (including tapping "I agree") has the same legal effect as a handwritten signature.

25. Contact

Lorenzo Frascolla, sole proprietor d/b/a Namas — United States.
Email: contact@namas-app.com