Terms of Use

1. Acceptance of Terms

Welcome to our challenge tracking platform (the "Platform", "Service", "we", "us", or "our"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and our Platform regarding your use of our service.

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

These Terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Description of Service

Our Platform provides a challenge tracking and engagement service that enables users to:

• Participate in time-bound challenges and track progress
• Receive SMS and email communications related to challenges
• Join public challenges or receive invitations to private challenges
• Interact with the service via web interface and SMS messaging
• Manage personal preferences and communication settings
• Create and manage challenges (for authorized users)

The Platform is designed to facilitate personal growth and achievement tracking through structured challenge participation.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Platform, you must create an account by providing:

• Accurate and complete personal information
• A valid email address
• A valid phone number
• A secure password

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your account information remains accurate and up-to-date

3.3 Account Types

Our Platform supports multiple account types:

• Regular Users: Can participate in challenges and track progress
• Creators: Can create and manage challenges within their audience
• Administrators: Have enhanced management capabilities
• SMS-Only Users: Can participate via SMS without full web access

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Platform to:

• Participate in challenges and track your progress
• Communicate with other users within the Platform's functionality
• Create and manage challenges (if authorized)
• Customize your preferences and settings
• Access support and help resources

4.2 Prohibited Activities

You agree NOT to:

• Use the Platform for any illegal, harmful, or fraudulent purposes
• Transmit spam, unsolicited communications, or promotional content
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble our Platform
• Use automated tools to access or interact with our Platform without permission
• Violate any applicable laws, regulations, or third-party rights
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect or harvest personal information from other users
• Interfere with or disrupt the Platform's operation or security
• Use the Platform to send unsolicited communications outside the Platform

4.3 Content Standards

All content you submit must:

• Be accurate and truthful
• Comply with applicable laws and regulations
• Respect the rights and dignity of others
• Not contain offensive, inappropriate, or harmful material
• Not infringe on intellectual property rights

5. SMS and Email Communications

Communication Flow and Opt-Out Procedures

This diagram illustrates how users register for communications and all available methods to opt out of SMS and email messages.

Click image to view full size

5.1 Consent to Communications

By providing your phone number and email address, you consent to receive:

• Service-related SMS messages and emails
• Challenge updates and reminders
• Account verification and security notifications
• Platform updates and important announcements

5.2 Communication Standards

You agree that:

• Standard messaging and data rates may apply
• You are responsible for any charges from your carrier
• You will not use our messaging features for prohibited activities
• You will respect other users' communication preferences

5.3 Opt-Out Rights

You may opt out of communications by:

• Replying "STOP" to SMS messages
• Using unsubscribe links in emails
• Updating your preferences in your account settings
• Contacting our support team

6. Intellectual Property Rights

6.1 Our Rights

The Platform and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you submit to the Platform. However, by submitting content, you grant us:

• A non-exclusive, worldwide, royalty-free license to use your content
• The right to modify, adapt, and display your content within the Platform
• The right to use your content to improve our services

6.3 Trademark Policy

You may not use our trademarks, logos, or brand names without our prior written consent. Any unauthorized use may violate trademark laws.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Platform, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.

We implement appropriate security measures to protect your personal information, but you acknowledge that no method of transmission over the internet is 100% secure.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high service availability, but we do not guarantee that the Platform will be available 24/7 without interruption. Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Third-party service provider issues
• Force majeure events

8.2 Service Modifications

We reserve the right to:

• Modify, update, or discontinue any aspect of the Platform
• Change features, functionality, or user interfaces
• Implement new policies or procedures
• Adjust pricing or service plans (with appropriate notice)

8.3 Third-Party Dependencies

Our Platform relies on third-party services (including SMS and email providers). We are not responsible for the availability, performance, or policies of these third-party services.

9. Disclaimers and Warranties

9.1 "As Is" Basis

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantees

WE DO NOT WARRANT THAT:

• The Platform will meet your specific requirements
• The Platform will be uninterrupted, timely, secure, or error-free
• Results obtained from using the Platform will be accurate or reliable
• Any errors in the Platform will be corrected

9.3 Health and Wellness Disclaimer

The Platform may facilitate participation in wellness and fitness challenges. We are not responsible for any health outcomes, injuries, or adverse effects that may result from your participation in challenges. Consult with healthcare professionals before beginning any new fitness or wellness program.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from any third-party conduct or content
• Damages resulting from service interruptions or technical failures

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Contacting our support team
• Following the account deletion process in your settings
• Ceasing to use the Platform

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Pose a security risk to the Platform or other users
• Fail to pay applicable fees (if any)

12.3 Effect of Termination

Upon termination, your right to use the Platform will cease immediately. We may delete your account and all associated data, though some information may be retained as required by law or for legitimate business purposes.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which our company is incorporated, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the Platform shall be resolved through:

• Good faith negotiations between the parties
• Binding arbitration if negotiations fail
• The exclusive jurisdiction of courts in our jurisdiction for any matters not subject to arbitration

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

15. Updates to These Terms

We may update these Terms from time to time to reflect changes in our practices, applicable laws, or other factors. When we make changes, we will:

• Update the "Effective Date" at the top of these Terms
• Notify you of material changes via email or platform notification
• Post the updated Terms on our Platform
• Provide a reasonable notice period before changes take effect

Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

16. Contact Information

If you have questions about these Terms or need to report a violation, please contact us: