Terms of Service

Last Updated: December 12, 2024

Welcome to 75 Hard. These Terms of Service ("Terms") govern your use of the 75 Hard mobile application ("App") operated by Clifton UG (haftungsbeschränkt) ("we," "our," or "us").

By downloading, installing, or using 75 Hard, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Description of Service

75 Hard is a mobile application designed to help you track progress on fitness and personal development challenges. The App allows you to:

Track daily tasks (workouts, water intake, reading, diet, progress photos)
Log workout activities
Take and store progress photos
Monitor your challenge progress over time

Important: 75 Hard is a tracking tool only. We do not provide medical, fitness, or nutritional advice. The challenge rules and requirements are based on publicly available information and are not created by us.

2. Account Registration

2.1 Account Creation

To use certain features, you must create an account. You agree to:

Provide accurate and complete information
Maintain the security of your password
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account

2.2 Age Requirement

You must be at least 13 years old to use 75 Hard. If you are under 18, you represent that you have your parent or guardian's permission.

2.3 Account Termination

You may delete your account at any time through the App's Settings. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscriptions and Payments

3.1 Premium Features

Some features require a paid subscription ("Premium"). Premium features and pricing are displayed in the App.

3.2 Billing

Subscriptions are billed through Apple's App Store
Payment is charged to your Apple ID account
All payments are processed by Apple, not by us directly

3.3 Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
The renewal price will be the same as the original subscription price, unless we notify you of a price change

3.4 Cancellation

You can cancel your subscription at any time:

Open the Settings app on your iPhone
Tap your name → Subscriptions
Select 75 Hard
Tap Cancel Subscription

Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

3.5 Refunds

Refund requests must be directed to Apple, as they handle all payment processing. Visit Apple Support for refund requests.

3.6 Free Trial

If a free trial is offered:

You will not be charged during the trial period
Your subscription will automatically convert to a paid subscription at the end of the trial unless canceled
Any unused portion of a free trial is forfeited when you purchase a subscription

4. User Responsibilities

4.1 Challenge Participation

By using the App to track a fitness challenge, you acknowledge:

You are solely responsible for your own health and safety
You should consult a physician before starting any exercise program
The challenge rules are demanding and may not be suitable for everyone
We are not liable for any injuries or health issues resulting from your participation

4.2 Acceptable Use

You agree not to:

Use the App for any unlawful purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the App's functionality
Upload malicious content or code
Impersonate another person or entity
Use the App to harass, abuse, or harm others

4.3 User Content

You retain ownership of content you create (photos, workout logs, etc.). By using the App, you grant us a limited license to store and display this content to you within the App.

We do not claim ownership of your progress photos or personal data.

5. Intellectual Property

5.1 Our Property

The App, including its design, features, and content, is owned by Clifton UG (haftungsbeschränkt) and protected by intellectual property laws. You may not:

Copy, modify, or distribute the App
Reverse engineer or decompile the App
Remove any proprietary notices
Use our trademarks without permission

5.2 Feedback

If you provide feedback or suggestions, you grant us the right to use them without compensation or attribution.

6. Disclaimers

6.1 "As Is" Service

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY

6.2 Health Disclaimer

75 HARD IS NOT A MEDICAL OR FITNESS PROFESSIONAL. THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER BEFORE:

Starting any exercise program
Making dietary changes
If you have any health concerns

YOU ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN ANY FITNESS CHALLENGE.

6.3 No Guarantee of Results

We do not guarantee any specific results from using the App or completing any challenge. Individual results vary based on numerous factors outside our control.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR €50, WHICHEVER IS GREATER
WE ARE NOT LIABLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify and hold harmless Clifton UG (haftungsbeschränkt), its officers, employees, and agents from any claims, damages, or expenses arising from:

Your use of the App
Your violation of these Terms
Your violation of any third-party rights
Any content you submit through the App

9. Third-Party Services

The App may integrate with third-party services (Apple HealthKit, payment processors, etc.). Your use of these services is governed by their respective terms and privacy policies. We are not responsible for third-party services.

10. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

Posting updated Terms in the App
Updating the "Last Updated" date

Continued use of the App after changes constitutes acceptance of the new Terms.

11. Termination

11.1 By You

You may stop using the App at any time. To fully terminate your relationship with us, delete your account through Settings.

11.2 By Us

We may suspend or terminate your access if you:

Violate these Terms
Engage in fraudulent or illegal activity
Abuse the App or other users

Upon termination, your right to use the App ceases immediately.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.

12.2 Dispute Resolution

For any disputes arising from these Terms or your use of the App:

Informal Resolution: Contact us first at support@clifton.to. We will attempt to resolve the dispute informally.
Jurisdiction: If informal resolution fails, disputes shall be resolved in the courts of Germany.

12.3 EU Dispute Resolution

If you are a consumer in the European Union, you may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.

13.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

13.3 Waiver

Our failure to enforce any right does not waive that right.

13.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to a successor or affiliate.

14. Contact Us

If you have questions about these Terms, contact us:

Email: support@clifton.to

Company: Clifton UG (haftungsbeschränkt)

These Terms of Service are effective as of December 12, 2024.

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