Terms of Service

1. Eligibility

1.1 Age Requirements

You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

1.2 Legal Capacity

You represent that you have the legal capacity to enter into this Agreement in your jurisdiction.

1.3 Account Restrictions

You may not use the Service if:

• You have been previously banned or removed from the Service
• You are prohibited by law from using the Service
• You are a convicted sex offender

2. Account Registration and Security

2.1 Account Creation

To use certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and current.

2.2 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

2.3 One Account Per User

You may only maintain one active account. Creating multiple accounts may result in termination of all accounts.

3. License Grant and Restrictions

3.1 License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes.

3.2 Restrictions

You agree not to:

• Copy, modify, or distribute the Service or any content therein
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for any commercial purpose without our prior written consent
• Use any automated system, bot, scraper, or data mining tool to access the Service
• Circumvent, disable, or interfere with security features of the Service
• Use the Service to transmit malware, viruses, or harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service for any illegal or unauthorized purpose

4. User Content

4.1 Your Content

You retain ownership of content you submit to the Service ("User Content"), including profile information, photos, messages, and challenge participation data. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and improving the Service.

4.2 Content Standards

You agree that your User Content will not:

• Be false, misleading, or deceptive
• Infringe any third party's intellectual property or privacy rights
• Contain hate speech, harassment, threats, or discriminatory content
• Contain sexually explicit material, nudity, or pornography
• Promote violence, illegal activities, or self-harm
• Contain spam, advertising, or solicitations without authorization
• Violate any applicable law or regulation

4.3 Content Removal

We reserve the right to remove any User Content that violates this Agreement or that we determine, in our sole discretion, is harmful to the Service or other users.

5. Health and Wellness Disclaimer

5.1 Not Medical Advice

The Service is not a licensed medical care provider and does not provide medical advice, diagnosis, or treatment. The habit tracking, challenges, and wellness features of the Service are for informational and motivational purposes only.

5.2 No Substitute for Professional Care

The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, mental health professional, or other qualified health provider with any questions you may have regarding a medical condition, fitness regimen, or wellness program.

5.3 Assumption of Risk

You acknowledge that:

• Any habit, challenge, or wellness activity you undertake through the Service is done at your own risk
• You should consult with a healthcare professional before beginning any new exercise, diet, or wellness routine
• We make no warranties or guarantees regarding health outcomes, habit formation success, or personal improvement results
• Information provided by other users regarding health, fitness, or wellness is not verified by us and should not be relied upon as professional advice

5.4 Emergency Situations

If you are experiencing a medical emergency, mental health crisis, or thoughts of self-harm, please contact emergency services immediately. The Service is not designed to handle emergency situations.

6. Circles and Community Features

6.1 Geographic Circles

Upon registration, you will be automatically assigned to geographic Circles (Country, State, City) based on your location. These mandatory Circles define your community context and cannot be removed.

6.2 Circle Conduct

When participating in Circles, you agree to:

• Respect other members and engage constructively
• Follow any additional rules established for specific Circles
• Report violations of community standards

6.3 Challenges and Habit Tracking

Participation in Challenges is voluntary. By participating in any Challenge or using habit tracking features, you acknowledge and agree that:

• You are solely responsible for determining whether any challenge activity is safe and appropriate for your physical condition, health status, and personal circumstances
• Challenge goals, metrics, and activities are user-generated and not verified or endorsed by Firewalker
• We do not guarantee that participating in Challenges will result in habit formation, personal improvement, or any specific outcome
• You assume total responsibility and risk for your participation in any Challenge
• We are not liable for any injury, harm, or damages resulting from challenge participation

7. Connections and Messaging

7.1 Consent to Communication

By using the Service, you consent to receive messages from other users in accordance with your privacy settings.

7.2 Messaging Conduct

You agree not to use the messaging features to:

• Send spam, solicitations, or bulk messages
• Harass, threaten, or intimidate other users
• Share illegal content or engage in illegal activities
• Collect personal information from other users for unauthorized purposes

7.3 Message Retention

We may retain messages for safety, legal compliance, and service improvement purposes.

8. Privacy and Your Data Rights

8.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand our data collection and use practices.

8.2 Location Data

The Service uses location data to provide geographic Circle features. By using the Service, you consent to the collection and use of your location information as described in our Privacy Policy.

8.3 Data Export

You may request a copy of your personal data, including your habit tracking history, challenge participation records, and profile information. Data export requests can be made through your account settings or by contacting us. We will provide your data in a commonly used, machine-readable format within a reasonable timeframe.

8.4 Data Deletion

You may request deletion of your personal data by deleting your account or contacting us. Upon account deletion:

• Your profile and personal information will be removed from active systems
• Your habit and challenge data will be deleted
• Some data may be retained as required by law or for legitimate business purposes (e.g., transaction records, abuse prevention)
• Data shared with other users (such as challenge participation in group challenges) may remain visible to those users

8.5 Right of Withdrawal

For users in applicable jurisdictions, you have the right to withdraw from this Agreement within 14 days of account creation without providing any reason, provided you have not yet used premium features. To exercise this right, contact us at the email address provided in this Agreement.

8.6 Data Anonymization

We may anonymize and aggregate your data for analytics, research, and service improvement purposes. Anonymized data cannot be used to identify you and may be retained indefinitely.

9. Safety and Reporting

9.1 Your Safety

You are solely responsible for your safety when interacting with other users, whether online or in person. We recommend:

• Meeting in public places for initial in-person meetings
• Informing someone you trust about your plans
• Trusting your instincts and leaving situations that feel unsafe

9.2 Reporting

You may report users who violate this Agreement or engage in harmful behavior. We will review reports and take appropriate action, which may include warnings, suspension, or permanent removal.

9.3 Blocking

You may block any user at any time. Blocked users cannot message you or view your profile.

10. Intellectual Property

10.1 Our Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. "Firewalker" and related logos are our trademarks.

10.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution to you.

11. Subscriptions and Payments

11.1 Free and Premium Services

The Service may offer both free features and premium subscription plans ("Premium"). Free registration provides access to basic features. Premium subscriptions unlock additional features and functionality.

11.2 Subscription Plans

We may offer various subscription options, including:

• Monthly Premium: Recurring monthly charges
• Annual Premium: Recurring annual charges
• Lifetime Premium: One-time payment with no expiration (if offered)

Specific features, pricing, and availability of subscription plans are subject to change and will be displayed within the Service.

11.3 Billing and Auto-Renewal

• Premium subscriptions automatically renew at the end of each billing period unless canceled
• You authorize us to charge your designated payment method for recurring subscription fees
• You must cancel your subscription at least 24 hours before the end of the current billing period to avoid being charged for the next period
• Subscription fees are charged at the beginning of each billing period

11.4 Cancellation

• You may cancel your subscription at any time through your account settings or the applicable app store
• Cancellation takes effect at the end of the current billing period
• You will retain access to Premium features until the end of your paid period
• We do not provide refunds or credits for partial subscription periods

11.5 Price Changes

We reserve the right to change subscription prices. Price changes will be communicated in advance and will apply only to subsequent billing periods, not to the current active subscription period.

11.6 Payment Information

You represent and warrant that:

• You have the legal right to use any payment method you provide
• All payment information you supply is true, correct, and complete
• You will promptly update your payment information if it changes

11.7 Failed Payments

If payment fails, we may suspend or terminate your access to Premium features. We may retry the charge or request updated payment information.

12. Third-Party Services

The Service may contain links to or integrations with third-party websites, services, or content. We are not responsible for such third-party services and your use of them is at your own risk and subject to their terms and policies.

13. Disclaimers

13.1 "As Is" Basis

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

13.2 No Guarantee

We do not guarantee that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, secure, or error-free
• Any connections, matches, or relationships will result from using the Service
• Other users' content or representations are accurate or truthful

13.3 User Interactions

We are not responsible for the conduct of any user, whether online or offline. You are solely responsible for your interactions with other users.

14. Limitation of Liability

14.1 Exclusion of Damages

To the maximum extent permitted by law, in no event shall Firewalker, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Service.

14.2 Cap on Liability

Our total liability for any claims arising from or related to this Agreement or your use of the Service shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

14.3 Jurisdictional Limitations

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

15. Indemnification

You agree to indemnify, defend, and hold harmless Firewalker and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of this Agreement
• Your violation of any third party's rights
• Your interactions with other users

16. Termination

16.1 Termination by You

You may terminate your account at any time through the account settings or by contacting us.

16.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause and with or without notice, including for:

• Violation of this Agreement
• Conduct that we determine is harmful to other users or the Service
• Extended periods of inactivity
• Legal or regulatory requirements

16.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately ends
• We may delete your account and User Content
• Provisions that by their nature should survive termination will survive

17. Dispute Resolution

17.1 Informal Resolution

Before filing any legal claim, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

17.2 Arbitration Agreement

You and Firewalker agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

17.3 Class Action Waiver

You and Firewalker 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.

17.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to us within 30 days of first accepting this Agreement.

18. General Provisions

18.1 Governing Law

This Agreement shall be governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles.

18.2 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Firewalker regarding the Service.

18.3 Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.

18.4 Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

18.5 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

18.6 Modifications

We may modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Agreement.

18.7 Contact Information

For questions about this Agreement, please contact us at:

Firewalker LLC
Email: [email protected]

19. Acknowledgment

By using the Service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.