Misura Terms of Service

Document: Terms of Service (key: tos) Canonical version: Spanish (that version controls; see Section 26). Available translation: English (this document). Effective date: August 7, 2026 Service owner: Rafael Antonio Berrios Cuneo Address: Tacna, Perú Contact email: rafoantoni@gmail.com Website: misura-app.com (misura-app.com)

Acceptance and binding effect
Definitions
Eligibility, minimum age, and parental consent
Account registration, security, and data accuracy
License to use the Service
Acceptable use and user-generated content
Intellectual property in the Service
Copyright infringement claims (DMCA / notice and takedown)
Third-party integrations
Medical, nutritional, and fitness disclaimer
Data, privacy, and analytics
Billing and subscriptions (applicable once subscriptions are activated)
Service "AS IS" and "AS AVAILABLE"; no warranties
Limitation of liability
Indemnification by the user
Dispute resolution; binding arbitration; class-action and jury-trial waiver
Governing law and safeguard of mandatory local consumer rights
Changes to the Terms and notice
Suspension and termination
Export controls and sanctions
Force majeure
Assignment
Severability
Waiver and non-exclusivity of remedies
Entire agreement
Language and controlling version
Notices
Contact

1. Acceptance and binding effect

1.1. These Terms of Service (the "Terms") constitute a legally binding contract between you ("you", "User") and Rafael Antonio Berrios Cuneo ("Rafael Antonio Berrios Cuneo", "we", "us", "our"), governing your access to and use of the Misura mobile application for iOS and Android, the website misura-app.com, and any related services, features, content, software, or integrations (collectively, the "Service").

1.2. By creating an account, downloading, installing, accessing, or using the Service, or by ticking a box or clicking a button indicating your acceptance, you represent and warrant that you have read, understood, and agree to be bound by these Terms, by the Privacy Notice, and by the Acceptable Use Policy and User Content Policy referenced in Section 6, as well as by any additional terms presented to you within the Service. If you do not agree, you must not access or use the Service.

1.3. If you accept these Terms on behalf of a company, entity, or organization, you represent and warrant that you are authorized to bind that entity, and "you" and "User" shall refer to that entity.

1.4. These Terms incorporate by reference all policies, notices, and guidelines published by us and linked from the Service. In the event of a conflict between these Terms and an incorporated policy, these Terms will prevail unless the policy expressly states otherwise.

1.5. Certain provisions of these Terms (including, without limitation, Sections 13, 14, 15, and 16) limit our liability, impose obligations on you, and affect your procedural rights. Read them carefully.

2. Definitions

Unless the context requires otherwise:

2.1. "User Content" means any data, text, images, photos, user-created foods or recipes, "request a food" submissions, saved routines, shared activity cards, comments, notes, and any other material that you create, upload, submit, generate, or transmit through the Service.

2.2. "Health and Fitness Data" means data relating to your body, activity, and nutrition that you enter or that the Service collects or derives, including, without limitation, body weight, workouts, running sessions and GPS data, dietary intake, muscle and training volume, and derived metrics.

2.3. "Third-Party Integrations" means third-party services, platforms, or devices that you choose to connect to the Service, including, without limitation, intervals.icu (and Strava and Garmin data accessible through it), Hevy, Apple Health, and Android Health Connect.

2.4. "Service Content" means all software, code, text, graphics, interfaces, food and nutrient databases, planning algorithms, marks, logos, and other material made available by us through the Service, excluding User Content.

2.5. "Applicable Law" means all applicable laws, regulations, rules, and governmental orders, including the mandatory consumer-protection rules of the jurisdiction in which you habitually reside.

3. Eligibility, minimum age, and parental consent

3.1. General minimum age. The Service is not directed to children below the applicable minimum age. You must be at least 16 years old to use the Service, unless you reside in a jurisdiction that permits a lower age, in which case you must be at least 13 years old or the higher minimum age that your jurisdiction requires for consent to the processing of personal data and to enter into a binding contract.

3.2. Minors. Where Applicable Law permits, a minor who has reached the applicable minimum age but who is under the age of majority under their local law may use the Service only with the consent and under the supervision of their parent or legal guardian, who accepts these Terms on the minor's behalf and assumes responsibility for such use.

3.3. Sensitive data of minors. Because the Service processes Health and Fitness Data, you acknowledge that you must not permit use of the Service by any person who does not meet the age and consent requirements of this Section. If we become aware that we have collected personal data from a minor without the required consent, we will delete such data as promptly as reasonably possible.

3.4. Capacity. You represent that you are not barred from receiving the Service under Applicable Law and that you have full legal capacity to enter into these Terms.

3.5. Verification. We may, but are not obligated to, request proof of age, identity, or parental authorization, and we may suspend or terminate accounts that fail to comply with this Section, to the maximum extent permitted by Applicable Law.

4. Account registration, security, and data accuracy

4.1. Account. To access certain features you must create an account. You agree to provide true, accurate, current, and complete information and to keep it up to date.

4.2. Credentials. You are solely responsible for maintaining the confidentiality of your access credentials and for all activity that occurs under your account, whether or not authorized. You must notify us immediately at rafoantoni@gmail.com of any unauthorized use or security breach.

4.3. Account responsibility. To the maximum extent permitted by Applicable Law, we will not be liable for any loss or damage arising from your failure to comply with the security obligations of this Section.

4.4. Accuracy of input data. The Service computes estimates (nutritional, training, load, and others) from the data you enter and from third-party databases. You are responsible for the accuracy of the data you enter. We do not warrant that the food, nutrient, or exercise databases are accurate, complete, or suitable for you (see Section 13).

4.5. One account per person. Except as expressly authorized, you must not create more than one account, nor share, transfer, or sell your account.

4.6. Offline-first operation. The Service is designed to operate primarily offline and to synchronize data when connectivity is available. You acknowledge that the availability, timeliness, and success of synchronization depend on factors outside our control and that conflicts, delays, or data loss may occur; you are responsible for keeping your own backups where possible.

5. License to use the Service

5.1. Grant. Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for personal, non-commercial purposes, on devices that you own or control.

5.2. App stores. Use of the mobile application is also subject to the terms of the store from which you downloaded it (Apple App Store, Google Play). In the event of a conflict between these Terms and the applicable store rules, those rules will prevail solely with respect to the application downloaded from that store. The Apple-specific provisions of Section 12 and of these Terms apply where relevant.

5.3. Restrictions. Except as expressly and non-waivably permitted by Applicable Law, you must not, and will not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or the models, except to the extent mandatorily permitted; (c) rent, lease, lend, sell, sublicense, distribute, or commercially exploit the Service; (d) circumvent, disable, or interfere with security features, usage limits, or access-control mechanisms; (e) use robots, scrapers, crawlers, or other automated means to access the Service or extract data, or bulk-extract or reuse the food, nutrient, or exercise databases; (f) introduce malware or harmful code, or take actions that impose an unreasonable load on our infrastructure; (g) use the Service to develop a competing product or service or to train machine-learning models; or (h) remove or obscure proprietary notices.

5.4. Reservation of rights. All rights not expressly granted are reserved by us and our licensors.

5.5. Updates. We may release updates, patches, or new versions and may require you to install them to continue using the Service. We may add, modify, or remove features at any time, to the maximum extent permitted by Applicable Law.

6. Acceptable use and user-generated content

6.1. Incorporated policies. Your use of the Service is additionally governed by the Acceptable Use Policy and the User Content (UGC) Policy, incorporated into these Terms by reference. By using the Service, you agree to comply with those policies.

6.2. Your responsibility for User Content. You are solely responsible for your User Content and for the consequences of creating, uploading, sharing, or posting it. You represent and warrant that you own or have all necessary rights, licenses, and permissions to your User Content and that it does not infringe the rights of third parties or Applicable Law.

6.3. License you grant to us. You retain ownership rights in your User Content. By submitting, uploading, or sharing User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, translate, distribute, and display such User Content, to the extent necessary to operate, provide, improve, promote, and develop the Service and to comply with Applicable Law. With respect to "request a food" submissions, user-created foods, and corrections to the databases, you agree that we may incorporate them, in anonymized or aggregated form, into our food and nutrient databases on a perpetual and irrevocable basis, to the maximum extent permitted by Applicable Law.

6.4. Shared activity cards. If you generate or share activity images or cards, you are responsible for the data you choose to include and where you share it. Once shared with third parties or external platforms, we cannot control their use or guarantee their deletion.

6.5. No duty to monitor; right to moderate. We are not obligated to monitor User Content, but we may review, filter, reject, remove, disable access to, or restrict any User Content that, in our reasonable sole discretion, infringes these Terms, the incorporated policies, or Applicable Law, or that is harmful to the Service or to third parties, to the maximum extent permitted by Applicable Law.

6.6. Feedback. If you send us ideas, suggestions, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use such Feedback for any purpose, without compensation or obligation to you.

7. Intellectual property in the Service

7.1. The Service and the Service Content are owned by Rafael Antonio Berrios Cuneo and its licensors and are protected by intellectual property, trademark, trade-secret, and other applicable laws. These Terms do not transfer to you any ownership rights in the Service or the Service Content.

7.2. "Misura", the logos, and other marks, trade names, and distinctive elements are trademarks of Rafael Antonio Berrios Cuneo. You must not use them without our prior written consent.

7.3. Certain databases incorporated into the Service may be derived from third-party sources and subject to their own licenses; you agree to comply with any terms applicable to those sources.

8. Copyright infringement claims (DMCA / notice and takedown)

8.1. We respect the intellectual property rights of others and expect Users to do the same. We will respond to notices of alleged infringement that comply with Applicable Law, including, where applicable, the United States Digital Millennium Copyright Act ("DMCA").

8.2. Notice. If you believe in good faith that content available on the Service infringes your copyright, send a written notice to our designated agent including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Service, in sufficient detail to locate it; (d) your contact details; (e) a good-faith statement that the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or are authorized to act on the owner's behalf.

8.3. Designated agent.

Name: Rafael Antonio Berrios Cuneo
Email: rafoantoni@gmail.com
Address: Tacna, Perú

8.4. Counter-notice. If your User Content was removed and you believe it was due to a mistake or misidentification, you may send a counter-notice to the designated agent with the information required by Applicable Law.

8.5. Repeat infringers. We may suspend or terminate, in appropriate circumstances and in our reasonable discretion, the accounts of Users who repeatedly infringe copyright or other intellectual property rights.

9. Third-party integrations

9.1. Nature. The Service may allow you to connect Third-Party Integrations (including intervals.icu —and, through it, Strava and Garmin data—, Hevy, Apple Health, and Android Health Connect) and to import or export data between them and the Service. Use of each Third-Party Integration is governed by the respective third party's terms and privacy policies, not by these Terms.

9.2. No control or endorsement. Third-Party Integrations are not operated by us. We do not control, endorse, warrant, or assume any responsibility for the availability, accuracy, completeness, legality, security, or performance of any Third-Party Integration or for the data it provides, transmits, or fails to transmit.

9.3. Disclaimer. To the maximum extent permitted by Applicable Law, we will not be liable for: (a) errors, delays, loss, corruption, or inaccuracy of data originating from or transmitted by Third-Party Integrations; (b) the interruption, suspension, modification, or discontinuation of any Third-Party Integration or its API; (c) the processing of your data by such third parties; or (d) any damage arising from your decision to connect or use a Third-Party Integration.

9.4. Authorization. By connecting a Third-Party Integration, you authorize us to access, receive, store, and transmit your information as necessary for the integration, and you represent that you have the right to grant such access. You may revoke access at any time through the settings of the Service or of the third party; revocation may affect functionality.

9.5. Health-platform compliance. You acknowledge that data obtained from Apple Health and Android Health Connect is subject to Apple's and Google's policies, respectively, and you agree that we will not use such data for purposes prohibited by those platforms (for example, advertising).

10. Medical, nutritional, and fitness disclaimer

10.1. Not medical advice. The Service provides information and tracking tools for informational and personal-organization purposes only. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. The content of the Service —including nutritional estimates, calorie targets, training plans, loads, and running or gym recommendations— is not a substitute for the advice of a physician, nutritionist, dietitian, trainer, or other qualified professional.

10.2. Consult a professional. Consult a healthcare professional before starting, modifying, or discontinuing any diet, nutrition, or exercise program, especially if you are pregnant, breastfeeding, a minor, an older adult, or if you have or suspect you have any medical condition, allergy, eating disorder, or injury.

10.3. Assumption of risk. Physical activity and dietary changes carry inherent risks, including serious injury or, in extreme cases, death. You voluntarily assume all risks associated with your use of the Service and with the decisions you make based on it. Stop and seek medical attention if you experience pain, dizziness, difficulty breathing, or other symptoms.

10.4. Emergencies. The Service is not designed to detect, prevent, or manage medical emergencies. Do not use it in emergency situations; contact your local emergency services.

10.5. To the maximum extent permitted by Applicable Law, we assume no liability for the health, nutrition, or exercise decisions you make based on the Service. Nothing in this Section excludes liability that cannot be legally excluded (see Sections 14 and 17).

11. Data, privacy, and analytics

11.1. Privacy Notice. The processing of your personal data, including Health and Fitness Data, is governed by our Privacy Notice, incorporated by reference. By using the Service, you acknowledge such processing in accordance with the Privacy Notice and Applicable Law.

11.2. Analytics (opt-out). The Service uses analytics and error-reporting tools (including Mixpanel and Sentry) to understand usage and improve stability. These tools are configured on an opt-out basis: they are active by default and you may disable them from the Service's settings, to the extent and in the manner permitted by Applicable Law. Where Applicable Law requires prior consent (opt-in), we will request such consent instead of the opt-out regime.

11.3. Derived and aggregated data. We may generate statistical, aggregated, or anonymized data from use of the Service and use it for any lawful purpose, including improving the Service and the databases, provided such data does not identify you.

11.4. Backups. Although we strive to preserve your data, we do not guarantee the retention or recovery of any data. You are responsible for exporting and keeping copies of information you consider important, to the maximum extent permitted by Applicable Law.

12. Billing and subscriptions

Applicable only once subscriptions are activated. As of the Effective Date, the Service offers no in-app purchases or paid subscriptions. The following provisions will take effect and apply to you only when we activate payment, subscription, or in-app-purchase features, and once you purchase such features.

12.1. Paid plans. We may offer subscriptions, in-app purchases, or premium features subject to payment ("Paid Plans"). Prices, features, currency, billing periods, and specific conditions will be shown to you at the point of purchase before you confirm the transaction.

12.2. Processing through the stores. Purchases made through the mobile application are processed by the Apple App Store or Google Play (the "Store Processors") and are subject to their terms. You authorize the relevant Store Processor to charge you the applicable price, including taxes.

12.3. Auto-renewal. Unless otherwise stated, subscriptions renew automatically at the end of each period for an equivalent period, at the then-current price, until you cancel. The renewal charge will be made within the timeframe set by the Store Processor before the start of the new period.

12.4. Cancellation. You may cancel auto-renewal at any time through your account settings with the relevant Store Processor. Cancellation takes effect at the end of the current billing period; you will retain access until that date. Unless Applicable Law provides otherwise, cancellation does not generate refunds for periods already begun.

12.5. Free trials. We may offer free or promotional trials. Unless you cancel before the end of the trial period, the subscription will automatically convert into a paid subscription and you will be charged the applicable price. You may be entitled to only one trial per product, in our reasonable discretion.

12.6. Price changes. We may change the prices and conditions of Paid Plans. Changes affecting a subscription period already paid for will not apply to you during that period. We will notify you with reasonable advance notice of price changes affecting renewals, as required by Applicable Law or the Store Processor; if you do not accept the new price, you may cancel before it takes effect.

12.7. Refunds. Unless Applicable Law requires otherwise, all payments are non-refundable, and no refunds or credits are granted for partially used periods. Refund requests for purchases made through a Store Processor are governed by that Processor's policies (Apple or Google) and must be handled with them. Nothing in this clause limits any withdrawal or refund rights that Applicable Law grants you on a mandatory basis (see Section 17).

12.8. Taxes. Prices may not include applicable taxes. You are responsible for all taxes associated with your purchase, except taxes on our net income.

12.9. Non-payment. If a payment cannot be processed, we may suspend or revoke access to paid features, to the maximum extent permitted by Applicable Law.

12.10. Apple-specific provision. Where the application is obtained through the Apple App Store, you acknowledge that these Terms are entered into between you and Rafael Antonio Berrios Cuneo only, and not with Apple; that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application; and that Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

13. Service "AS IS" and "AS AVAILABLE"; no warranties

13.1. To the maximum extent permitted by Applicable Law, the Service, the Service Content, the food, nutrient, and exercise databases, the estimates, the plans, and the results are provided "AS IS" and "AS AVAILABLE", with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.

13.2. To the maximum extent permitted by Applicable Law, we disclaim all warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, as well as any warranty arising from course of dealing or usage of trade.

13.3. We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) defects will be corrected; (c) the Service is free of viruses or harmful components; (d) the nutritional, exercise, load, or GPS data, the estimates, or the plans are accurate, complete, reliable, or suitable for you; or (e) the results obtained from use of the Service will meet your expectations.

13.4. No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly set forth in these Terms.

13.5. Safeguard. Some jurisdictions do not allow the exclusion of certain warranties or of statutory consumer rights. In such jurisdictions, the exclusions in this Section apply to the maximum extent permitted by Applicable Law and do not affect mandatory rights that cannot be excluded (see Section 17).

14. Limitation of liability

14.1. Exclusion of indirect damages. To the maximum extent permitted by Applicable Law, in no event will Rafael Antonio Berrios Cuneo, its affiliates, officers, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for lost profits, lost revenue, loss of data, loss of goodwill, business interruption, or damages arising from health, nutrition, or exercise decisions, even if we were advised of the possibility of such damages and regardless of the legal theory on which the claim is based.

14.2. Monetary cap. To the maximum extent permitted by Applicable Law, the total, aggregate liability of Rafael Antonio Berrios Cuneo and the indemnified parties to you for all claims relating to the Service or these Terms will not exceed the greater of: (a) the total amount you actually paid us for the Service during the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD 100).

14.3. Allocation of risk. You acknowledge that the limitations in this Section are an essential element of the agreement between the parties and reflect a reasonable allocation of risk; the Service would not be offered on these terms without such limitations.

14.4. Safeguard. Nothing in these Terms excludes or limits our liability for: (a) willful misconduct or gross negligence; (b) death or personal injury caused by our negligence, where Applicable Law does not permit its exclusion; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under Applicable Law. Where a jurisdiction does not allow the exclusion or limitation of certain damages, the foregoing limitations will apply to the maximum extent permitted by Applicable Law and our liability will be limited to the minimum permitted (see Section 17).

15. Indemnification by the user

15.1. To the maximum extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless Rafael Antonio Berrios Cuneo, its affiliates, and their respective officers, employees, agents, licensors, and suppliers (the "Indemnified Parties") from and against any claim, demand, action, loss, liability, damage, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your breach of these Terms or the incorporated policies; (d) your infringement of Applicable Law or the rights of third parties; (e) your connection to or use of Third-Party Integrations; or (f) your health, nutrition, or exercise decisions.

15.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, in which case you will cooperate with us. You will not settle any matter that imposes obligations on an Indemnified Party without our prior written consent.

15.3. This indemnification obligation applies to the extent compatible with the Applicable Law of your jurisdiction; where such law limits consumers' indemnification obligations, this obligation will apply to the maximum extent permitted (see Section 17).

16. Dispute resolution; binding arbitration; class-action and jury-trial waiver

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES AN ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTIONS AND JURY TRIAL. This Section applies to the maximum extent permitted by Applicable Law and is subject to the safeguards in paragraph 16.8 and Section 17.

16.1. Informal resolution first. Before initiating any formal proceeding, you agree to attempt to resolve the dispute informally by contacting us at rafoantoni@gmail.com and describing it in detail. Both parties will negotiate in good faith for at least sixty (60) days from such notice.

16.2. Binding arbitration. Subject to paragraph 16.8, any dispute, controversy, or claim arising out of or relating to the Service or these Terms, including their existence, validity, interpretation, performance, breach, or termination, that is not resolved informally, will be finally resolved by binding and individual arbitration, instead of in the courts, except as provided in paragraphs 16.6 and 16.8.

16.3. Seat, language, and rules. Unless the parties agree otherwise or Applicable Law provides otherwise, the arbitration will be seated in Peru, conducted in Spanish, and governed by the arbitration rules of a recognized arbitral institution in that seat, before one (1) arbitrator. The award will be final and binding and may be enforced in any court of competent jurisdiction.

16.4. Class-action waiver. To the maximum extent permitted by Applicable Law, you and we agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or member of a class, consolidated, representative, or "class action" proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.

16.5. Jury-trial waiver. To the maximum extent permitted by Applicable Law, you and we waive any right to a jury trial with respect to the disputes covered by this Section.

16.6. Carve-outs. Notwithstanding the foregoing: (a) either party may bring an individual claim in a competent small-claims court, if it qualifies; and (b) either party may seek injunctive or other relief from a competent court to protect its intellectual property rights or confidential information, without such action constituting a waiver of this Section.

16.7. Opt-out right. You may opt out of the arbitration agreement and the waivers in paragraphs 16.2, 16.4, and 16.5 by sending written notice to rafoantoni@gmail.com within thirty (30) days of the earlier of: (i) the Effective Date, or (ii) the date on which you first accepted these Terms. The notice must state your name, the associated account, and your unequivocal intention to opt out. Opting out does not affect the other provisions of these Terms or disputes already noticed.

16.8. Safeguard for jurisdictions where these waivers are not enforceable. The arbitration provisions and the waivers in this Section do not apply to the extent they are prohibited or unenforceable under the Applicable Law that applies to you as a consumer. In particular, and without limitation, if you reside in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection law prohibits pre-dispute mandatory arbitration, class-action waivers, or waiver of access to the courts, those provisions will not apply to you, and you will retain the right to bring proceedings before the competent courts and to use the complaint mechanisms (including, where applicable, online dispute-resolution platforms) available to you under your local law. The unenforceability of part of this Section in your jurisdiction does not affect its validity in other jurisdictions (see Sections 17 and 23).

16.9. Time to claim. To the maximum extent permitted by Applicable Law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after it arose; otherwise it will be permanently barred, unless Applicable Law establishes a different mandatory period.

17. Governing law and safeguard of mandatory local consumer rights

17.1. Governing law. These Terms and any related dispute are governed by and construed in accordance with the laws of Peru, without giving effect to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

17.2. Forum. Subject to Section 16 and paragraph 17.3, you agree to submit to the jurisdiction and venue of the courts located in Peru for any matter not subject to arbitration.

17.3. Safeguard of mandatory local consumer rights. Nothing in these Terms —including the choice of law, forum, warranty exclusions, limitations of liability, indemnification, or dispute-resolution provisions— deprives you of or reduces the protection afforded to you by the mandatory and non-waivable rules of the jurisdiction in which you habitually reside, including consumer-protection and data-protection laws. Where such mandatory rules grant you greater rights or guarantee you access to the courts or authorities of your place of residence, those rights will prevail over the conflicting provisions of these Terms, only to the extent of the conflict and only with respect to you.

18. Changes to the Terms and notice

18.1. We may modify these Terms at any time. When we make material changes, we will notify you by reasonable means (for example, via a notice within the Service, on misura-app.com, or by email) and update the "last updated" date.

18.2. Unless Applicable Law requires a different period, the changes will take effect on the date stated in the notice. Your continued access to or use of the Service after the effective date constitutes your acceptance of the modified Terms. If you do not agree, you must stop using the Service and, if applicable, close your account.

18.3. Where Applicable Law so requires for consumers, changes that are detrimental to you will not apply to you without your consent, and you may terminate the contract before they take effect.

19. Suspension and termination

19.1. By you. You may stop using the Service and close your account at any time through the Service's settings or by contacting us at rafoantoni@gmail.com.

19.2. By us. To the maximum extent permitted by Applicable Law, we may suspend, restrict, or terminate your access to the Service, in whole or in part, with or without prior notice, if: (a) you breach these Terms or the incorporated policies; (b) your use creates risk or liability for us, other Users, or third parties; (c) it is required by Applicable Law, an authority, or a Store Processor; (d) your account has been inactive for an extended period; or (e) we decide to discontinue the Service or a feature. Where reasonable and permitted, we will endeavor to give you advance notice.

19.3. Effects. Upon termination, your license to use (Section 5) will cease and we may disable your access. Subject to Applicable Law and our Privacy Notice, we may retain or delete your User Content and data; you are responsible for exporting beforehand anything you wish to keep. Sections that by their nature should survive termination (including Sections 2, 6.3, 6.6, 7, 8, 10, 13, 14, 15, 16, 17, and 20 through 28) will remain in effect.

19.4. Neither suspension nor termination gives rise to liability for us or a right to a refund, except as provided in Section 12 or as mandatorily required by Applicable Law.

20. Export controls and sanctions

20.1. You represent and warrant that: (a) you are not located in a country or territory subject to a comprehensive embargo or sanctions by the United States government, the United Nations, the European Union, the United Kingdom, or another competent authority; (b) you are not on any list of restricted or sanctioned parties; and (c) you will not use the Service for purposes prohibited by Applicable Law on export controls or sanctions.

20.2. You agree to comply with all applicable export-control, re-export, and sanctions laws, and not to export, re-export, or transfer the Service in violation of such laws.

20.3. We may suspend or deny access to the Service where necessary to comply with export-control or sanctions laws, to the maximum extent permitted by Applicable Law.

21. Force majeure

21.1. To the maximum extent permitted by Applicable Law, we will not be liable for any delay or failure to provide the Service resulting from causes beyond our reasonable control, including, without limitation: acts of God or force majeure, natural disasters, epidemics or pandemics, war, terrorism, riots, governmental actions, legislative changes, failures or interruptions of power, internet, telecommunications, hosting or cloud-service providers, Store Processors, or Third-Party Integrations, cyberattacks, strikes, or supply shortages.

22. Assignment

22.1. You may not assign or transfer these Terms or any of your rights or obligations, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this will be void.

22.2. We may freely assign or transfer these Terms and our rights and obligations, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms bind permitted successors and assigns.

23. Severability

23.1. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitrator, that provision will be applied to the maximum extent permitted and construed to reflect, as far as possible, the parties' original intent; the remaining provisions will remain in full force and effect.

23.2. The invalidity or unenforceability of a provision in one jurisdiction does not affect its validity or enforceability in another. If the class-action waiver in paragraph 16.4 is held unenforceable with respect to a particular claim, that claim will proceed before the competent courts, but the remainder of Section 16 will continue to apply.

24. Waiver and non-exclusivity of remedies

24.1. No waiver of any right or provision of these Terms will be effective unless in writing and signed by us. Our failure to exercise or enforce any right or provision will not constitute a waiver of it.

24.2. Unless expressly stated otherwise, the remedies set forth in these Terms are in addition to, and not exclusive of, any other remedies available under Applicable Law.

25. Entire agreement

25.1. These Terms, together with the Privacy Notice, the Acceptable Use Policy, the User Content Policy, and other policies and terms incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral or written.

25.2. There are no third-party beneficiaries of these Terms, except: (a) the Indemnified Parties with respect to Sections 14 and 15; and (b) Apple with respect to paragraph 12.10; and except as expressly provided by Applicable Law.

26. Language and controlling version

26.1. The Spanish version of these Terms is the canonical and controlling version. Any translation (including this English version) is provided solely for your convenience. In the event of a discrepancy or conflict between the Spanish version and any translation, the Spanish version will prevail, unless the Applicable Law of your jurisdiction mandatorily requires that the version in your local language prevail, in which case that version will prevail only with respect to you and to the extent required.

27. Notices

27.1. To you. We may notify you via a notice within the Service, by posting on misura-app.com, or via the email or contact details associated with your account. Notices will be deemed received when posted or sent. It is your responsibility to keep your contact details up to date.

27.2. To us. Unless these Terms specify a particular address (such as the agent in Section 8), legal notices must be sent in writing to Rafael Antonio Berrios Cuneo, Tacna, Perú, with a copy to rafoantoni@gmail.com, and will be deemed received upon actual delivery.

28. Contact

Rafael Antonio Berrios Cuneo Address: Tacna, Perú Email: rafoantoni@gmail.com Website: misura-app.com (misura-app.com) Copyright agent (DMCA): Rafael Antonio Berrios Cuneo — rafoantoni@gmail.com — Tacna, Perú

End of the Terms of Service. Effective date: August 7, 2026.