End User License Agreement
1. Introduction and Acceptance
This End User License Agreement ("EULA" or "Agreement") is a legally binding agreement between you ("User," "you," or "your") and Zelus Software ("Zelus," "we," "our," or "us") governing your use of the Zelus mobile application, including all related software, updates, upgrades, and documentation (collectively, the "App").
By downloading, installing, accessing, or using the App, you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the App, and delete any copies in your possession.
This EULA supplements our Terms of Service and Privacy Policy, both of which are incorporated by reference. In the event of a conflict between this EULA and the Terms of Service regarding your license to use the App, this EULA controls.
2. License Grant
Subject to your compliance with this EULA, Zelus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on mobile devices that you own or control, in accordance with this EULA and the usage rules of the app store from which you obtained the App (the "Usage Rules").
The App is licensed to you, not sold. Zelus retains all right, title, and interest in and to the App not expressly granted to you under this EULA.
3. License Restrictions
You agree that you will not, and will not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works of the App or any part of it.
- Distribute, sell, resell, rent, lease, lend, sublicense, or otherwise transfer the App to any third party.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent such restriction is expressly prohibited by applicable law.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the App.
- Circumvent, disable, or interfere with security-related features of the App or features that enforce limitations on its use.
- Use the App to develop a competing product or service.
- Use any automated system, script, or software to access or interact with the App, or fabricate or manipulate activity data (including steps or distance).
- Use the App in any manner that violates any applicable law or regulation, or for any unlawful purpose.
4. Ownership and Intellectual Property
The App — including all software, code, designs, graphics, logos, icons, images, audio, route data, medal artwork, text, and other content — is the exclusive property of Zelus Software or its licensors and is protected by copyright, trademark, and other intellectual property laws and treaties. This EULA does not grant you any rights to Zelus's trademarks, trade names, or service marks.
5. Health and Safety Disclaimer
The App is a fitness and activity companion intended for general wellness and entertainment purposes only. It is not a medical device, and the information provided by the App (including step counts, distances, and progress metrics) is not medical advice.
- Consult a qualified healthcare professional before beginning any exercise program, particularly if you have a pre-existing medical condition, are pregnant, or have concerns about your health.
- You are solely responsible for your own health and safety while walking, running, or otherwise being active. Always remain aware of your surroundings, obey traffic laws, and exercise within your personal limits.
- Activity data recorded by your device's sensors may be inaccurate or incomplete, and the App's virtual routes are representations — they do not reflect real-world walking conditions, terrain, or hazards.
- Zelus is not responsible for any injury, health condition, or damage arising from your physical activity in connection with the App.
6. Subscriptions and In-App Purchases
The App may offer subscriptions, premium features, or other in-app purchases. All purchases are processed by the Apple App Store or Google Play Store, and are subject to that store's payment terms and refund policies as well as our Terms of Service. Subscriptions renew automatically unless cancelled through your app store account settings before the end of the current billing period.
Virtual items, medals, rewards, and achievements have no monetary value, are not redeemable for cash, and may not be transferred or exchanged outside the App.
7. User Data and Privacy
The App collects and processes data — including step counts, activity data, and account information — as described in our Privacy Policy. By using the App, you consent to this collection and processing. The App may request access to your device's motion and fitness sensors, notifications, and health platforms (such as Apple Health, Google Fit, or Samsung Health); you may manage these permissions in your device settings, though some features may not function without them.
8. Third-Party Services
The App may rely on or integrate with third-party services, including app stores, push notification services, authentication providers, health data platforms, and community services such as Discord. Your use of those services is governed by their own terms and privacy policies, and Zelus is not responsible for third-party services or their availability.
9. Updates and Maintenance
Zelus may from time to time develop and provide updates to the App, which may include upgrades, bug fixes, patches, new features, or the removal of existing features. Updates may be required for you to continue using the App. You agree that Zelus has no obligation to provide any updates or to continue to provide or enable any particular feature. Depending on your device settings, updates may install automatically.
10. Term and Termination
This EULA is effective from the date you first download, install, or use the App and remains in effect until terminated. You may terminate this EULA at any time by deleting the App and all copies from your devices. This EULA will terminate automatically, with or without notice, if you breach any of its terms, including in cases of account termination under our Terms of Service.
Upon termination, all rights granted to you under this EULA cease immediately, and you must stop using and delete the App. Sections 4, 5, 11, 12, 13, and 15 survive termination.
11. Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Zelus does not warrant that the App will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Zelus Software, its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising out of or in connection with this EULA or your use of or inability to use the App.
Our total liability to you for any claims arising under this EULA shall not exceed the amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty US dollars (USD $50), whichever is greater. Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Zelus Software, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the App, your violation of this EULA, or your infringement of any third-party rights.
14. Apple App Store Additional Terms
If you obtained the App from the Apple App Store, the following additional terms apply:
- This EULA is between you and Zelus Software only, not with Apple Inc. ("Apple"). Zelus, not Apple, is solely responsible for the App and its content.
- Your license to the App is limited to a non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Apple has no obligation to furnish any maintenance or support services for the App.
- In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or consumer protection claims.
- In the event of any third-party claim that the App infringes that party's intellectual property rights, Zelus, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of such claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of it, will have the right to enforce this EULA against you.
15. Google Play Additional Terms
If you obtained the App from the Google Play Store, you acknowledge that this EULA is between you and Zelus Software only, and that Google LLC has no responsibility for the App or its content. Your use of the App must also comply with the Google Play Terms of Service.
16. Export and Legal Compliance
You agree to comply with all applicable laws, including export and re-export control laws and regulations, in connection with your use of the App. You may not use or export the App except as authorized by applicable law.
17. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Zelus Software is established, without regard to its conflict of law provisions. Any disputes arising out of or relating to this EULA shall be resolved in accordance with the dispute resolution provisions of our Terms of Service.
18. Changes to This EULA
We reserve the right to modify this EULA at any time. We will notify you of material changes by posting the updated EULA on this page and updating the "Last Updated" date above. For significant changes, we may also provide additional notice, such as an in-app notification. Your continued use of the App following the posting of a revised EULA constitutes your acceptance of the changes.
19. Severability and Entire Agreement
If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Zelus Software regarding your license to use the App.
20. Contact Us
If you have any questions about this End User License Agreement, please contact us at:
Zelus Software
Email: max@zeluschallenge.com
Website: https://zeluschallenge.com