Terms and Conditions of Use

4.1 Account Creation

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any suspected unauthorized access to your account.

4.3 Account Types

The Service offers different account tiers:

• Basic: Free tier with limited features (limited friends and clubs)
• Authenticated: Free tier for registered users with additional features
• Pro: Paid subscription tier with unlimited features

5.1 Subscription Plans

We offer Pro subscription plans with the following options:

• Monthly subscription
• Annual subscription
• Lifetime subscription (one-time payment)

Subscription prices are displayed in the App and may vary by region. All prices are subject to change without notice, but changes will not affect active subscriptions during their current billing period.

5.2 Payment and Billing

• Payment will be charged to your Apple ID account (iOS) or Google Play account (Android) upon confirmation of purchase
• Subscriptions are processed through Apple App Store or Google Play Store payment systems
• We use RevenueCat to manage and verify subscription status
• We do not receive or store your payment card details; all payment processing is handled by Apple or Google
• Payment will be charged to your account at the confirmation of purchase

5.3 Auto-Renewal

• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen subscription plan
• You can manage and cancel your subscription by going to your account settings on the App Store (iOS) or Google Play Store (Android) after purchase
• Auto-renewal can be turned off by navigating to your Apple ID Account Settings or Google Play Account Settings after purchase

5.4 Cancellation

• You may cancel your subscription at any time through your device's App Store or Google Play Store settings
• Cancellation will take effect at the end of the current billing period
• You will continue to have access to Pro features until the end of your current billing period
• No refunds or credits will be provided for any partial subscription periods

5.5 Refunds

• Refund requests must be submitted directly to Apple (for iOS) or Google (for Android) through their respective stores
• Refunds are subject to Apple's or Google's terms and conditions and refund policies
• We do not process refunds directly

5.6 Subscription Changes

• We reserve the right to modify subscription plans, features, or pricing at any time
• Changes to active subscriptions will be communicated to users in advance when possible
• Continued use of the Service after changes constitutes acceptance of the modified terms

5.7 Failed Payments

If payment for your subscription fails or your subscription expires:

• Access to Pro features may be suspended immediately
• Your account will be downgraded to the free tier
• Your data and progress will be preserved

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law
• Infringe upon the rights of others
• Transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated system, including robots, spiders, or scrapers, to access the Service
• Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks

6.2 User Content

You are solely responsible for any content you post, upload, or share through the Service, including:

• Profile pictures
• Display names and usernames
• Messages and communications with other users
• Any other content you create or share

You represent and warrant that any content you post:

• Is accurate and not misleading
• Does not violate any third-party rights (including intellectual property, privacy, or publicity rights)
• Does not contain any illegal, harmful, or offensive material
• Complies with all applicable laws and regulations

6.3 Content Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7.1 Service Ownership

The Service, including its original content, features, functionality, design, and compilation, is owned by Nicholas Cernera and is protected by copyright, trademark, and other laws. All rights not expressly granted to you are reserved.

7.2 User Content License

By posting, uploading, or sharing content through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service.

7.3 Third-Party Content

The Service may contain content from third parties, including other users. Such content is the responsibility of the party providing it. We are not responsible for third-party content.

8.1 Health Data Access

The Service accesses health and fitness data from your device's health platforms (Apple HealthKit on iOS, Google Fit/Health Connect on Android) with your explicit permission. We only read step count data; we do not write data to your health platforms.

8.2 Accuracy Disclaimer

• We do not guarantee the accuracy, completeness, or reliability of any health or fitness data
• Step count data is provided by your device and may vary in accuracy
• You should not rely solely on this Service for health or medical decisions
• Always consult with a healthcare professional for medical advice

8.3 Not Medical Advice

The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Service is for informational and social purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

10.1 Third-Party Services

The Service integrates with third-party services, including:

• Apple HealthKit and Google Fit/Health Connect (health data)
• Discord (optional social integration)
• Firebase (authentication, database, storage)
• RevenueCat (subscription management)
• Apple App Store and Google Play Store (payments)

Your use of third-party services is subject to their respective terms and conditions and privacy policies.

10.2 Discord Integration

If you choose to connect your Discord account:

• You are subject to Discord's Terms of Service and Privacy Policy
• You can disconnect your Discord account at any time
• We do not control Discord's services and are not responsible for Discord's actions or policies

11.1 Termination by You

You may terminate your account at any time by deleting your account through the App's settings. Account deletion is permanent and cannot be undone. Upon deletion:

• All your data will be permanently deleted
• Your subscription will be canceled (if active)
• You will lose access to all Service features

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Request by law enforcement or government agency
• Extended periods of inactivity
• Any other reason we determine necessary

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• All data associated with your account may be deleted
• Any subscription will be canceled (no refunds for unused portions)
• Provisions of these Terms that by their nature should survive termination will survive

12.1 Service Provided "As Is"

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

12.2 No Warranties

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results that may be obtained from use of the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your requirements

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NICHOLAS CERNERA, HIS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

If you have any dispute with us, you agree to first contact us at nick@cernera.design to attempt to resolve the dispute informally.

14.3 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.