ChallengeFinds
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ChallengeFinds

ChallengeFinds Terms of Use

DRAFT — pending Erik's approval. Not published. This draft was prepared by an AI assistant and is not legal advice; a qualified lawyer should review it before publication.

Last updated: [[PUBLICATION_DATE]]

These Terms of Use ("Terms") govern your use of the ChallengeFinds iOS application ("the App"), operated by Happy 360 Ltd ("we", "us", "our"):

Operator: Happy 360 Ltd Registered office: The Penthouse, 83, Camilleri Buildings, Oratory Street, Naxxar, NXR 2504, Malta Company registration: C 97030, registered in Malta Contact: support@challengefinds.com

By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.

1. The App is free

ChallengeFinds is provided free of charge. There are no purchases, subscriptions, trials, or paid features of any kind in this version of the App. If we ever introduce paid features in a future version, we will update these Terms and clearly disclose all pricing inside the App before anything is charged.

2. What the App does

The App provides 30-day bodyweight fitness challenge programs — daily exercise goals, progress tracking, mood logging, notes, streaks, and optional daily reminder notifications. You can use every feature without an account. Creating an optional free account additionally backs up your progress to our servers so you can restore it on another device.

3. Health warning and assumption of risk

The App provides general fitness content, not medical advice. Use of the App is subject to the fitness disclaimer in Section 12, which is part of these Terms. In short: consult a physician before starting any exercise program, stop if you feel pain, and you exercise at your own risk.

4. Your account

  • You must provide a valid email address (directly, or via Sign in with Apple or Google) and keep your sign-in method secure.
  • You are responsible for activity under your account.
  • You must be at least 16 years old to create an account (same age as privacy policy §8).
  • You can delete your account at any time in Settings → Delete account… — this permanently removes your account and all synced data from our servers.

5. Acceptable use

You agree not to:

  • use the App for any unlawful purpose;
  • attempt to gain unauthorised access to our servers, other users' data, or any non-public part of the service;
  • probe, scan, overload, or disrupt the service, or circumvent its security or access controls (including row-level security and API authentication);
  • reverse engineer, decompile, or extract the App's content or source code except where law expressly permits;
  • scrape, harvest, or bulk-download the challenge catalog;
  • misrepresent yourself, impersonate others, or use another person's account without permission.

6. Intellectual property and your content licence

  • Our content. All challenge programs, exercise instructions, schedules, tips, names, images, branding, and the App itself are owned by Happy 360 Ltd (or licensed to it) and are protected by copyright and other laws.
  • Your licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App and its content for your own personal, non-commercial fitness use only. You may not copy, redistribute, republish, sell, sublicense, or make the challenge content available to others, in any form (including screenshots of substantial portions, PDFs, reposts, or derivative programs).
  • Your data. Anything you log in the App (progress, mood, notes) is yours. You grant us only the limited right to store and process it as needed to run the sync/backup service, as described in the Privacy Policy. We claim no other rights to it.

7. Service changes and availability

The App is offline-first: your tracking works without a connection. The optional sync/backup service and the server-delivered challenge catalog are provided on an "as available" basis. We may add, change, or remove challenges and features, and may suspend or discontinue the sync service. If we ever discontinue the service entirely, we will make reasonable efforts to give notice in advance so you can export your data. Your locally stored data remains on your device regardless.

8. Termination

  • By you: stop using the App and/or delete your account at any time.
  • By us: we may suspend or terminate your account if you materially breach these Terms (in particular Section 5), if required by law, or if we discontinue the service. Where reasonable, we will notify you at your account email first. Termination of an account does not delete the App or local data from your device.

9. Disclaimer of warranties

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted availability. We do not warrant that any fitness, appearance, or health outcome will be achieved by using the App.

10. Limitation of liability

To the maximum extent permitted by law:

  • we are not liable for any indirect, incidental, special, or consequential loss, or loss of data arising from your use of, or inability to use, the App;
  • our total aggregate liability arising out of or relating to the App is limited to £50 / €50 (the App being free of charge);
  • nothing in these Terms excludes or limits liability that cannot be excluded by law, including (where applicable law so provides) liability for death or personal injury caused by our negligence, fraud, or your statutory consumer rights. Nothing in these Terms affects mandatory consumer protections of the country you live in.

Your attention is drawn to Section 3 and Section 12: exercising carries inherent risk which you accept by choosing to follow any program in the App.

11. Apple App Store terms

The App is distributed via the Apple App Store. Apple is not a party to these Terms, has no obligation to provide maintenance or support for the App, and is not responsible for addressing any claims relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-party list. Your use of the App must also comply with Apple's Licensed Application End User License Agreement terms of service.

12. Fitness disclaimer (part of these Terms)

The full fitness and medical disclaimer in disclaimer.md [on publication: reproduce the "Full version" text here verbatim] is incorporated into and forms part of these Terms.

13. Governing law

These Terms are governed by the laws of Malta, and disputes are subject to the non-exclusive jurisdiction of the courts of Malta — except that if you are a consumer resident in the EU or UK, you retain the protection of the mandatory laws, and access to the courts, of your country of residence.

14. Changes to these Terms

We may update these Terms. Material changes will be announced in the App or at this page with a reasonable notice period; continued use after the effective date constitutes acceptance. The "Last updated" date always reflects the current version.

Open questions for Erik

  1. Operator identity: RESOLVED 2026-08-18. Happy 360 Ltd, registered in Malta (reg. C 97030), registered office The Penthouse, 83, Camilleri Buildings, Oratory Street, Naxxar, NXR 2504, Malta. Same entity as the Privacy Policy controller; governing law is Malta (§13). Still outstanding: support@challengefinds.com. Full checklist: docs/legal/README.md.
  2. Liability cap figure (§10): set to €50 (Malta is in the eurozone) as a placeholder convention for a free app. A lawyer should confirm the number and the carve-outs; note Maltese and EU consumer law limit how far liability can be excluded against consumers regardless of what this says.
  3. Custom EULA vs Apple's standard one: these Terms act as a custom EULA (hence §11's Apple-required clauses). Alternative: rely on Apple's standard EULA and keep these Terms only as service terms. A lawyer can advise; the current draft is written to be safe as a custom EULA.
  4. Minimum age (§4): RESOLVED 2026-08-18 — 16. Matches privacy policy §8. Chosen over Malta's Art. 8 floor of 13 because the applicable age follows the user's country of residence (15 in France, 16 in Ireland/Germany) and the app has no parental-consent mechanism.
  5. v2 monetization: when subscriptions return, Sections 1, 9, and 10 must be rewritten (auto-renewal disclosures, refunds, price-change notice). Flagging now so free-app language doesn't silently survive into a paid version.