Effective date: July 23, 2026
These Terms of Service (“Terms”) govern your use of Cruise (“the app”). Cruise is a native iOS + watchOS heart rate and activity tracker. Jose Hiram Negrete d/b/a Fuegaux (“we”, “us”) operates the app.
1. Acceptance
By downloading, installing, or using the app, you agree to these Terms of Service (“Terms”). If you don’t agree, don’t use the app.
2. Eligibility
You have to be at least 13 years old (16 in the EU/UK) to use the app. If you’re under 18, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. License grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the app on devices you own or control, solely for your personal, non-commercial use. This license terminates automatically if you violate these Terms.
4. Your account
You’re responsible for keeping your login credentials secure and for any activity that happens under your account. Tell us right away if you notice unauthorized use: fuegaux@gmail.com.
5. User conduct
You agree NOT to do any of the following:
- Use the app for anything illegal, harmful, harassing, defamatory, or infringing on others’ rights.
- Impersonate anyone or misrepresent your affiliation with any person or entity.
- Scrape, crawl, harvest, or otherwise programmatically extract data from the app or its backend.
- Reverse engineer, decompile, or attempt to derive source code from the app, except to the extent that applicable law expressly permits.
- Interfere with, disrupt, or attempt to gain unauthorized access to the app, servers, or networks connected to the app.
- Upload viruses, malware, or any other malicious code.
- Use the app to send spam, phishing attempts, or other unsolicited communications.
- Resell, sublicense, or otherwise commercially exploit the app.
6. User content
You retain ownership of anything you submit, post, or display through the app (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (for formatting purposes), and display it solely to operate and provide the app. You represent that you have the rights necessary to grant this license and that your User Content doesn’t violate anyone’s rights or any law.
7. Third-party services
The app uses third-party services (see our Privacy Policy for the list). Those services have their own terms and privacy policies. We’re not responsible for their acts or omissions.
8. Intellectual property
The app, its code, design, trademarks, and logos are owned by Jose Hiram Negrete d/b/a Fuegaux (“we”, “us”). Nothing in these Terms transfers any of that ownership to you.
9. Disclaimer of warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US$100.
11. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your use of the app, (b) your User Content, or (c) your violation of these Terms or any law.
12. Termination
You can stop using the app and delete your account at any time. We can suspend or terminate your access if you violate these Terms, if we’re required to by law, or if we discontinue the app. Sections 6 (last sentence), 8, 9, 10, 11, 13, and 14 survive termination.
13. Dispute resolution — binding arbitration
Please read this section carefully. It affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the app will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be held in Dallas County, Texas, or via videoconference at the claimant’s option. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. Either party may bring an individual action in small claims court in Dallas County, Texas, for disputes within that court’s jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights.
Opt-out. You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by emailing fuegaux@gmail.com with the subject line “Arbitration Opt-Out” and including your account email.
14. Governing law & venue
These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws principles. Subject to Section 13, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we’ll update the effective date at the top and, where required, notify you in the app or by email. Continued use of the app after changes take effect means you accept the updated Terms.
16. Miscellaneous
These Terms are the entire agreement between you and us regarding the app and supersede any prior agreements. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms; we may. There are no third-party beneficiaries.
Contact
Questions about these Terms? Email fuegaux@gmail.com.