Terms and conditions

1. Introduction

   1. Welcome to Run or Lose! These Terms of Service (this “Agreement” or “Terms”) is an agreement between you (“you”) and Run or Lose. Run or Lose is a platform operated by Dalibor Cernocky. You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this Agreement in order to use our website and all affiliated websites, including mobile websites, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the “Platform”), all services, applications, software, features and products that are accessible through our Platform that link to or reference this Agreement (together with the Platform, the “Services”) whether provided by us or our affiliates. The materials contained in this Platform are protected by applicable copyright and trademark law. Your use of the Service is subject to the terms of this Agreement, which may be updated from time to time. Your Agreement with us will also include the Privacy Policy available at privacy policy page. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

   2. By using Run or Lose you agree to these Terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy on the same page. We can collect and use your information in accordance with those policies.

   3. Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.

   4. Users and public authorities can communicate with us via email at info@runorlose.com.

2. Run or Lose account

   TLDR: To create an account and participate in a challenge you must be at least 18 years old or have your parent’s written permission. You are responsible for your account.

   1. When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.

   2. To create an account, you must be at least 18 years old or have your parent’s written permission, or be emancipated by a court decision (or by a decision of other applicable public authority).

   3. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

3. Abusive conduct

   TLDR: Do not violate our policies or law, if you do, we may terminate your account or take other action against you.

   1. You are responsible for all activity on your account. If you violate our policies we may terminate your account.

   2. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way.

   3. Our policies cover most issues, but if you find a new and creative way to hurt Run orlose or our community we may, at our sole discretion, take action to prevent it.

   4. Views expressed by users on Run or Lose do not represent Run or Lose’s views.

4. Being an athlete

   TLDR: To become an athlete, you will need to provide a proof of identity to our payment processor Stripe and have your age verified by them.

   1. An athlete is someone who creates a challenge or participates in a challenge. To become an athlete, you will need to provide a proof of identity to our payment processor Stripe and have your age verified by them.

5. Challenges

   TLDR: A challenge is a fitness goal with a set timeframe and optional financial stake. You need to connect Strava to track activities. Challenges can be time-bound (like 30 days) or recurring (weekly/monthly).

   1. A challenge is a fitness goal that you set for yourself that is either time-bound (like a 30-day challenge) or recurring on a regular basis (like weekly or monthly challenges). You can create a challenge by creating an account and then creating a challenge.

   2. A fitness challenge has a fitness goal, a start date, and either an end date (for time-bound challenges) or an end date of each period (for recurring challenges), sometimes denoted in terms of duration.

   3. You can set a financial amount for your challenge, which will be charged to your payment method if you do not complete the challenge.

   4. To track your fitness activities in a challenge, you must connect your Strava account. In the future, you may also be able to track activities directly in our app. Your activities will sync on a regular basis, and you can also sync them manually in our app. We do one final synchronization right after your challenge ends before we check if you completed it.

6. Evaluation of a challenge

   TLDR: Each challenge has specific evaluation criteria. We evaluate challenges based on data from connected services or activities tracked in our app. We may accept or reject activity data at our discretion if we suspect it doesn't meet our criteria for authentic fitness activity.

   1. Each challenge has specific evaluation criteria defined during challenge creation, such as running a certain distance within a timeframe, completing a set number of workouts, or performing daily exercises. The evaluation starts automatically within one hour after your challenge end time. You are restricted from removing your payment method or disconnecting any fitness data providers and connections until both the challenge and its evaluation period are complete.

   2. Run or Lose evaluates challenges based on data from your connected third party services or from activities tracked directly in our application.

   3. Run or Lose may accept or disregard any provided data at its sole discretion if we detect or suspect that the data has been falsified or manipulated, was manually added without proper device tracking, shows unusual or impossible patterns, appears to be generated by automated means, does not match the type of activity required for your specific challenge, otherwise fails to meet our evaluation criteria for authentic fitness activity, was completed by someone other than the registered athlete, shows patterns suggesting account sharing or delegation of activities, or appears to be imported from another user's activities.

   4. Run or Lose may lose access to data from connected third-party providers such as Strava at any time. In such cases where proper challenge evaluation becomes impossible due to loss of access to activity data, Run or Lose bears no responsibility. You acknowledge and agree that such disruptions may occur and that Run or Lose cannot guarantee continuous access to third-party data.

   5. It is your responsibility to ensure your Strava account remains properly connected and activities are properly synced, or that activities are properly tracked within our application.

   6. Activities must be tracked using a compatible fitness tracking device or application with GPS or biometric data appropriate for your challenge type. Manually entered data or activities without verifiable tracking data may be accepted or disregarded at Run or Lose's discretion.

   7. Technical issues, API limitations, tracking issues, or other factors may affect data availability and challenge evaluation. Run or Lose bears no responsibility for any such disruptions.

   8. The evaluation period typically lasts up to 24 hours after challenge end time to account for potential data sync delays. Users may submit evidence of completion through our support channel if technical issues prevented proper data synchronization during this period.

   9. Challenge evaluation results are final, but users may appeal within 48 hours of the evaluation completion by providing verifiable evidence of challenge completion through our support channels.

7. Payments

   TLDR: When you create a challenge, we may block/reserve the challenge amount on your payment method, and charge you if you do not meet your challenge criteria. All payments are handled by our payment processor Stripe.

   1. When creating a challenge, you authorize Run or Lose to block/reserve the challenge amount on your payment method and to charge you either one-time or periodically if you do not meet your challenge criteria. All payments are processed through Stripe.

   2. You expressly understand and agree that Run or Lose shall not be liable for any technical aspects of payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that (i) all payments and monetary transactions are handled and (ii) the funds are processed by Stripe or any other payment processor we choose to work with in the future. You agree that Run or Lose shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.Run or Lose is responsible for any instructions it gives to Stripe or any other payment processor. However, Run or Lose is not responsible for the payment processor meeting any of its obligations.

   3. We also handle payment issues such as fraud, chargebacks and resolution of payment disputes.

   4. When you create a challenge, we may block/reserve the challenge amount on your payment method either immediately or throughout the challenge duration. This blocked amount will be charged only if you do not meet your challenge criteria. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payment block, please reach out to us. We may block payments if we believe them to be fraudulent.

   5. You must not use stolen credit cards, or unauthorized credit cards through Stripe for challenge payments on our Platform.

8. Refunds

   TLDR: Our policy is No refunds.

   1. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

9. Deleting an Account

   TLDR: If you would like to, you may delete your account when you have no active challenges. We can terminate or disable your account at our discretion.

   1. You can permanently delete your account by accessing your profile settings, provided you have no active challenges that have not yet been evaluated.

   2. We can terminate or suspend your account at any time at our discretion. We can also cancel any challenges and remove any descriptions, activities or posts at our discretion.

   3. These Terms remain in effect even if you no longer have an account.

10. Third-party apps

    TLDR: To get the most out of our Platform you may grant Run or Lose permission to access third-party apps. While you may revoke these permissions at any time, doing so during an active challenge may affect our ability to evaluate your challenge completion and could result in you being charged for not meeting the challenge goals.

    1. You may grant Run or Lose access to your third-party accounts, such as Google, Strava, Facebook, Instagram, X, and Twitch, in order for someRun or Lose features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Run or Lose can access.

    2. To ensure smooth user experience, we keep working on Run or Lose's integration with other apps. You may thus authorize certain third-party apps to access your Run or Lose data. In doing so, you instruct us to grant the third-party app access to the selected extent of your information. You may need to consent to the third-party app's specific terms of use. Our privacy policy applies.

    3. While you can revoke Run or Lose's access to third-party accounts at any time through the respective third party's security settings page, you acknowledge and agree that doing so during an active challenge may prevent us from properly evaluating your challenge completion. In such cases, Run or Lose bears no responsibility for any resulting negative outcomes, including but not limited to challenge failure and associated charges. We strongly recommend maintaining all necessary third-party connections until your active challenges are completed.

11. Run or Lose creations

    TLDR: We encourage you to use our intellectual property to promote youRun or Loser page, but do not use our intellectual property for anything else without permission.

    1. Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Run or Lose page.

    2. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

    3. You may not scrape, collect, process or in any other way use our data or any other content of the Platform unless we give you permission in writing.

12. Indemnity

    TLDR: To the extent permitted by law, you indemnify us from all losses and liabilities, including legal fees, that arise from these Terms.

    1. To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of Run or Lose. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you will help us in our defence.

    2. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

13. Warranty disclaimer

    TLDR: Run or Lose is provided “as is” and without any warranty.

    1. Run or Lose is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We are not responsible for technical outages in our systems or third-party systems.

    2. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.

    3. You acknowledge and agree that Run or Lose shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.

14. Limitation of liability

    TLDR: To the extent permitted by law, we are released from liability. If you lose money as a result of using Run or Lose, any payment to you is limited to the amount of money we have earned through your use of Run or Lose.

    1. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of Run or Lose. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Run or Lose in the past 12 months. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

    2. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers

15. Dispute resolution and Governing law

    TLDR: Please try to resolve any disputes with us amicably. CZTerms are governed by the laws of the Czech Republic and US Terms by the laws of State of New York. Disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic

    1. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of Run or Lose, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.

    2. These Terms shall be governed by and construed in accordance with the laws of the Czech Republic. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

16. Miscellaneous

    TLDR: These Terms and other policies are the entire Agreement between you and us. We may sometimes make changes to these Terms and other policies, if we do so significantly, we will let you know!

    1. These Terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements and don’t create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

    2. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.

    3. We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Run or Lose after a change means you accept the new terms or policies

    4. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

    5. If you have any questions or concerns regarding these Terms or other policies, please contact us.