ASENSEI SPARK — TERMS OF USE
Last updated 13th May 2026
1. Definitions
In these Terms of Use, the following terms have the meanings set out below:
ASENSEI — ASENSEI Inc., a Delaware corporation, the provider of the ASENSEI Spark application, the ASENSEI SDK, and the ASENSEI movement recognition and coaching platform.
ASENSEI Cloud — ASENSEI's cloud-hosted infrastructure (currently hosted on Amazon Web Services) used to store and process your data.
ASENSEI SDK — The ASENSEI Software Development Kit — the technology that powers real-time movement recognition and coaching across the Spark app and partner applications. The ASENSEI SDK is capable of running fully on-device (“on the edge”), processing all data locally in real time, but also supports upload of data to the cloud when configured to do so, including to ASENSEI Cloud.
Movement Data — Data derived from the camera feed during exercise sessions, consisting of skeletal joint positions, angles, and movement patterns. Movement Data does not include the camera feed itself or video recordings.
Session Logs — Technical log files generated during exercise sessions on the Spark app, used for diagnostics, troubleshooting, and service improvement.
Session Results — Data generated from your exercise sessions, including repetition counts, joint angles, movement nuances, scores, and progress tracking.
Program — A service delivered through the Spark app by ASENSEI or in conjunction with a Program Partner. Programs may be free or require a paid subscription.
Program Partner — A third party that delivers a Program through the Spark app (e.g., Kinaxa, Proof3, InMotion Wellness Studios).
Program Terms — The additional terms specific to a Program, which you accept when you access or subscribe to that Program. Free Programs provided by ASENSEI are governed by these Spark Terms. Paid or partner-delivered Programs have their own Program Terms.
Spark app — The ASENSEI Spark application, available on supported devices. These Spark Terms apply solely to the Spark app and not to other ASENSEI applications (such as asensei rowing).
Spark Terms — These Terms of Use.
Terms of Service — The ASENSEI Terms of Service, which apply to all ASENSEI products.
2. About These Terms
These Spark Terms govern your use of the Spark app. These Spark Terms apply solely to the Spark app and not to other ASENSEI applications (such as asensei rowing, which has its own terms). These Spark Terms supplement the Terms of Service. In the event of any conflict between these Spark Terms and the Terms of Service, these Spark Terms shall prevail with respect to your use of the Spark app.
By downloading, installing, or using the Spark app, you agree to these Spark Terms and the Terms of Service. If you do not agree, do not use the Spark app.
3. What ASENSEI Spark Does
ASENSEI Spark is an app that delivers demonstrations of the ASENSEI real-time movement recognition and coaching platform capabilities including movement assessment, interactive coaching sessions, workouts and challenges delivered across a range of devices. Through the Spark app, you may also access paid subscription Programs provided by ASENSEI or its Program Partners. Each Program has its own additional terms, which you will be asked to accept before subscribing.
4. Eligibility and Your Account
By using the Spark app, you represent and warrant that:
- You are over 18 years of age, or are at least 13 years old and have your parent or guardian’s consent to use the Spark app;
- You are not aware of any medical reasons whatsoever why you should not use the Spark app;
- You are a reasonably fit and healthy person who is used to regular and strenuous exercise;
- You follow the guidance given in the coaching material provided through the Spark app and pay heed to any warning or similar notices; and
- You have read and accept the waivers and limitation of liability set out in Section 8 below.
To use the Spark app, you may browse as a guest or create an account. Certain features and Programs require an account. You are responsible for maintaining the security of your login credentials.
5. Movement Data and Camera Use
5.1 How We Use the Camera
The Spark app uses your device’s camera to capture your movements during exercise sessions. The ASENSEI SDK processes the camera feed on your device in real time to generate Movement Data. Movement Data consists of skeletal joint positions, angles, and movement patterns derived from the camera feed.
The ASENSEI SDK is capable of running fully on-device (“on the edge”), meaning your camera feed can be processed locally without any data leaving your device. However, depending on the Program and your settings, Movement Data, Session Results, and video recordings may also be uploaded to ASENSEI Cloud. Section 5.4 details what is stored and where.
5.2 Movement Data Is Not Used for Identification
Movement Data is collected and processed solely for the purpose of coaching, form analysis, and exercise tracking. ASENSEI does not use Movement Data for personal identification, facial recognition, biometric authentication, or surveillance of any kind. No biometric templates are created for the purpose of identifying individuals.
5.3 Video Recording
Depending on the Program you are using, the Spark app may record video of your exercise sessions. Video recording is controlled by the Program settings and may be enabled or disabled in your App settings where available. When video recording is enabled:
- Video is captured on your device and uploaded to ASENSEI Cloud
- Video is used to support coaching analysis and to deliver the Program
- Video may be shared with the Program Partner who delivers the service you have subscribed to (see your Program Terms for details)
- You can check whether video recording is active for your current Program in the Spark app settings
When you use the Spark app as a guest (without a subscription), video recording is not enabled.
5.4 What We Store
| Data type | Where processed | Where stored | Retention |
|---|---|---|---|
| Camera feed (real-time) | On your device | Not stored | Discarded after processing |
| Movement Data (joint positions, angles) | On your device | Synced to ASENSEI Cloud | Retained while your account is active; deleted within 30 days of request or account deletion |
| Video recordings (when enabled) | On your device | Uploaded to ASENSEI Cloud | Retained while your account is active; deleted within 30 days of request or account deletion |
| Session Results (reps, angles, nuances, progress) | On your device + ASENSEI Cloud | ASENSEI Cloud | Retained while your account is active; deleted within 30 days of request or account deletion |
| Session Logs (diagnostic log files) | On your device + ASENSEI Cloud | ASENSEI Cloud | Retained while your account is active; deleted within 30 days of request or account deletion |
5.5 Your Consent
Before the Spark app accesses your camera for the first time, you will be asked to grant permission. You can revoke camera access at any time through your device settings. Revoking camera access will prevent the Spark app from providing movement analysis.
6. Data Sharing
6.1 Program Partners
When you subscribe to a Program delivered by or in conjunction with a Program Partner, your Movement Data, Session Results, and, where applicable, video recordings may be shared with that Program Partner to deliver the service. Each Program’s terms will identify the Program Partner and describe what data is shared.
Once your data has been shared with a Program Partner, that Program Partner is independently responsible for their handling of your data. ASENSEI is not responsible for data held by a Program Partner. The Program Partner’s use of your data is governed by their own privacy policy, which will be linked from the relevant Program Terms.
6.2 Third-Party Services
The Spark app uses third-party services for analytics, crash reporting, and payment processing. These services receive limited technical data (device type, app usage patterns, crash logs) and do not receive your Movement Data, Session Results, or video recordings.
6.3 Anonymised and Aggregated Data
ASENSEI may use anonymised and aggregated Movement Data and Session Results (from which you cannot be identified) for research, product improvement, and coaching model development.
7. Programs and Subscriptions
7.1 Free and Paid Programs
ASENSEI Spark is a free application. The Spark app provides access to Programs, which may be free or require a paid subscription.
All Programs are governed by these Spark Terms and the Terms of Service. Some Programs may have additional Program Terms — for example, where a Program is delivered in conjunction with a Program Partner. Where additional Program Terms apply, you will be presented with them and asked to accept before you access or subscribe to that Program.
Where additional Program Terms apply, the order of precedence is:
1. Program Terms (specific to your Program)
2. Spark Terms (this document)
3. Terms of Service (general)
7.2 Subscriptions and Billing
Subscriptions to paid Programs are purchased and managed through the ASENSEI website (asensei.com), not through the Apple App Store, Google Play Store, or any other app marketplace. All billing, payment, cancellation, and refund requests are handled through asensei.com. For subscription support, contact ai.support@asensei.com.
Subscription billing, cancellation, and refund terms are set out in the Terms of Service and may be supplemented by the relevant Program Terms.
8. Physical Activity Risks
ASENSEI Spark facilitates exercise and physical activity. All physical activities carry inherent risks of injury. By using the Spark app:
- You acknowledge that exercise involves risk of physical injury or death
- You accept full responsibility for assessing whether any exercise is appropriate for your fitness level and health status
- You understand that coaching feedback provided by the Spark app is generated by automated systems, may contain errors, and is not a substitute for professional medical advice, personal training, or physical therapy
- You should consult a qualified healthcare provider before beginning any exercise program, particularly if you have any pre-existing medical conditions
ASENSEI is not responsible for any injury, illness, or death arising from your use of the Spark app or any Program.
9. Acceptable Use
You agree not to:
- Use the Spark app for any purpose other than exercise, coaching, movement assessment, or other activities supported by the Spark app and its Programs
- Misrepresent your identity, age, or affiliation when creating an account or using the Spark app
- Attempt to reverse engineer, decompile, or extract the movement analysis algorithms or models
- Use data mining, scraping, or similar automated data gathering methods on the Spark app or its content
- Record, capture, or redistribute coaching content, exercise programs, or movement analysis data belonging to ASENSEI or its Program Partners
- Interfere with or disrupt the Spark app, its servers, or connected networks
- Use the Spark app in any way that violates applicable law
- Share your account credentials or allow others to use your account
10. Intellectual Property
The movement analysis technology, coaching algorithms, exercise content, and all associated intellectual property in ASENSEI Spark are owned by ASENSEI or its licensors. Your use of the Spark app does not grant you any ownership of or rights to this intellectual property beyond the limited right to use the Spark app as described in these terms.
Program content (exercises, routines, coaching protocols) may be owned by the relevant Program Partner. Your right to access that content is governed by your Program Terms and is contingent on your active subscription.
11. Warranty Disclaimer
THE SPARK APP AND ALL PROGRAMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ASENSEI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ASENSEI does not warrant that:
- The Spark app will be uninterrupted, error-free, or free from harmful components
- Movement Data, Session Results, or coaching feedback will be accurate, complete, or reliable
- The Spark app will meet your specific requirements
- Any defects in the Spark app will be corrected
You acknowledge that the internet and electronic communications are not fully secure, and ASENSEI cannot guarantee that data transmitted to or from the Spark app will not be intercepted by third parties.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ASENSEI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SPARK APP OR ANY PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR PERSONAL INJURY.
TO THE EXTENT PERMITTED BY LAW, ASENSEI’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SPARK APP SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ASENSEI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (US$100), WHICHEVER IS GREATER.
13. Indemnification
You agree to indemnify, defend, and hold harmless ASENSEI, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:
- Your use of the Spark app or any Program
- Your breach of these Spark Terms, the Terms of Service, or any Program Terms
- Your violation of any applicable law or the rights of any third party
- Any content or data you submit through the Spark app
ASENSEI reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.
14. Updates and Changes
ASENSEI may update the Spark app and these Spark Terms from time to time. Material changes to these terms will be notified through the Spark app or by email. Your continued use of the Spark app after changes take effect constitutes acceptance of the updated terms.
15. Termination
You may stop using the Spark app and delete it from your device at any time. You may request deletion of your data by contacting ai.support@asensei.com. When you delete your account or request data deletion, we will delete your Movement Data, Session Results, Session Logs, and video recordings held by ASENSEI within 30 days. We may retain billing records and transaction history for up to 24 months after account deletion as required for tax, legal, or dispute resolution purposes.
If you have used a Program delivered by a Program Partner, your data held by that Program Partner is not deleted by an ASENSEI account deletion request. You must contact the Program Partner directly to request deletion of any data they hold. Program Partner contact details are provided in the relevant Program Terms and their privacy policy.
ASENSEI may suspend or terminate your access to the Spark app if you breach these Spark Terms, the Terms of Service, or any Program Terms. Termination does not affect any rights or obligations that have already accrued.
16. Governing Law and Disputes
Your use of ASENSEI Spark is governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising from your use of the Spark app shall be resolved by binding individual arbitration administered by the American Arbitration Association. You agree that any legal action that is not subject to arbitration shall be brought in the federal or state courts located in the Northern District of California. You waive any right to participate in a class action. You waive your right to a jury trial for any dispute arising from or related to these Spark Terms or your use of the Spark app.
17. Severability
If any provision of these Spark Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
18. Contact
If you have questions about these Spark Terms, contact us at:
ASENSEI Inc.
Email: ai.support@asensei.com