Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zelus Software ("Zelus," "we," "our," or "us") governing your access to and use of the Zelus mobile application (the "App"), including all features, content, and services offered through the App.
By creating an account, downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.
2. Description of Service
Zelus is a virtual challenge platform that allows users to participate in fitness and adventure-based challenges. Users can track their physical activity, compete on leaderboards, earn rewards, and engage with a community of like-minded participants. The App may include both free and premium features.
3. Eligibility
The App is available to users of all ages. If you are under the age of 13 (or the applicable age of consent in your jurisdiction), you must have verifiable parental or guardian consent before creating an account or using the App. By using the App, you represent and warrant that you have the legal capacity to enter into these Terms or have obtained the necessary parental or guardian consent.
4. User Accounts
To access certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
5. Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the App in any way that violates any applicable law or regulation.
- Submit false, misleading, or fraudulent activity data, including but not limited to fabricating steps, distance, or other fitness metrics.
- Cheat, manipulate, or exploit leaderboards, challenges, or any competitive feature of the App through any means, including but not limited to GPS spoofing, automated scripts, bots, or third-party tools.
- Attempt to hack, reverse-engineer, decompile, disassemble, or otherwise tamper with the App, its servers, databases, or any connected systems.
- Exploit bugs, glitches, or vulnerabilities in the App for personal advantage or to disrupt other users' experience.
- Harass, abuse, threaten, or intimidate other users.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
- Upload or transmit viruses, malware, or any other harmful code.
- Interfere with or disrupt the integrity or performance of the App.
- Use the App to collect or harvest personal data of other users without their consent.
6. Cheating and Fair Play
Zelus is committed to maintaining a fair and enjoyable experience for all users. We take cheating and abuse of our platform extremely seriously.
6.1 Zero Tolerance Policy
Any form of cheating on leaderboards, challenges, or other competitive features — including but not limited to GPS spoofing, data manipulation, use of automated tools, exploitation of bugs, or any other behaviour designed to gain an unfair advantage — will result in an immediate and permanent ban from the App without prior warning.
6.2 Hacking and Unauthorized Access
Any attempt to hack, exploit vulnerabilities, reverse-engineer, or gain unauthorized access to the App, its servers, other users' accounts, or any associated systems will result in an immediate and permanent ban. We may also report such activity to the relevant law enforcement authorities.
6.3 Detection and Enforcement
We employ automated systems and manual review processes to detect cheating and suspicious activity. Our determination of whether a violation has occurred is made at our sole discretion and is final.
7. Account Suspension and Termination
7.1 Our Right to Ban
We reserve the right to suspend, restrict, or permanently terminate your account at our sole discretion, with or without notice, for any reason, including but not limited to violations of these Terms, suspected fraudulent or abusive behaviour, or any conduct that we determine to be harmful to the App, its users, or Zelus Software.
7.2 Effect of Termination
Upon termination of your account, your right to access and use the App will immediately cease. We may delete your account data in accordance with our Privacy Policy. Termination does not relieve you of any obligations incurred prior to termination, including any payment obligations.
7.3 No Right of Appeal
While we may, at our sole discretion, consider appeals regarding account suspensions or bans, we are under no obligation to reverse any enforcement action. Our decision regarding account termination is final.
8. Premium Features and Payments
8.1 Premium Access
The App may offer premium features, subscriptions, or in-app purchases ("Premium Features") that provide enhanced functionality or content. Premium Features are made available upon payment of the applicable fees as displayed in the App or the respective app store.
8.2 No Refunds for Banned Accounts
If your account is suspended or permanently banned due to a breach of these Terms of Service — including but not limited to cheating, hacking, abusive behaviour, or any other violation — you will not be entitled to any refund, credit, or compensation for any Premium Features purchased, any unused portion of a subscription period, any virtual goods, rewards, or challenge entries, or any other payments made in connection with the App.
By purchasing Premium Features, you acknowledge and accept this no-refund policy in the event of a ban resulting from a Terms of Service violation.
8.3 Billing and Cancellation
Premium subscriptions are billed through the Apple App Store or Google Play Store. You may cancel your subscription at any time through the respective store's subscription management settings. Cancellation will take effect at the end of the current billing period, and you will retain access to Premium Features until that date.
8.4 Refunds for Non-Violation Circumstances
For refund requests unrelated to a Terms of Service violation, please contact the Apple App Store or Google Play Store directly, as all billing is handled through these platforms. We will cooperate with the relevant platform to address legitimate refund requests.
9. Challenges and Virtual Rewards
The App may offer challenges with associated rewards, including but not limited to virtual medals, badges, certificates, or physical merchandise. We reserve the right to modify, suspend, or discontinue any challenge or reward at any time without prior notice.
Virtual rewards and achievements earned through the App have no monetary value and cannot be exchanged, traded, or redeemed for cash. Any physical rewards are subject to availability and may be subject to additional terms.
10. Service Availability and Support
10.1 Service "As Is"
The App is provided on an "as is" and "as available" basis. We do not guarantee that the App will be available at all times, uninterrupted, error-free, or free from bugs or security vulnerabilities. We may modify, suspend, or discontinue any part of the App at any time without notice.
10.2 Problem Resolution
We will make reasonable efforts to address and remediate problems, bugs, and issues reported by users. However, resolution of any problem is not guaranteed, and we make no warranties or commitments regarding the timeframe, method, or outcome of any remediation efforts. We are not liable for any losses resulting from unresolved issues.
10.3 Planned Maintenance
We may perform scheduled maintenance that temporarily affects the availability of the App. Where possible, we will provide advance notice of planned maintenance.
11. Intellectual Property
All content, features, and functionality of the App — including but not limited to text, graphics, logos, icons, images, audio, video, software, and underlying code — are the exclusive property of Zelus Software or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the App or its content without our prior written consent.
12. User Content
You may have the opportunity to submit content through the App, including profile information, challenge comments, and activity data ("User Content"). You retain ownership of your User Content, but by submitting it, you grant Zelus Software a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display your User Content in connection with operating and improving the App.
You are solely responsible for your User Content and represent that it does not infringe on the rights of any third party or violate any applicable law.
13. 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 but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the App.
Our total liability to you for any claims arising under these Terms 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 these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud.
14. 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 access to or use of the App, your violation of these Terms, or your infringement of any third-party rights.
15. 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. We do not warrant that the App will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
16. Privacy
Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.
17. Governing Law and Dispute Resolution
These Terms 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 these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts in the jurisdiction where Zelus Software is established.
18. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last Updated" date at the top of this page. For significant changes, we may also provide additional notice, such as an in-app notification or email. Your continued use of the App following the posting of revised Terms constitutes your acceptance of those changes.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
20. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by us in connection with the App, constitute the entire agreement between you and Zelus Software regarding your use of the App and supersede all prior agreements and understandings.
21. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at:
Zelus Software
Email: max@zeluschallenge.com
Website: https://zeluschallenge.com