Terms of use

Version 1 · Effective

These terms are an agreement between you and Tinfit LLC (“we”, “us”), which runs PushUp Arena, a daily push-up competition for iPhone. They apply whenever you use the PushUp Arena app or this website. When you create an account, the app asks you to accept them. If you don't agree, don't use PushUp Arena. Our privacy policy explains how we handle your data.

Who can use PushUp Arena

To create an account, you must be at least 13 years old, or the minimum age of digital consent in your country if that is higher. If you're under 18, read these terms with a parent or guardian. You can't use PushUp Arena if the law forbids you to, or if we have closed an account of yours for breaking these terms. Practice works without an account.

Your account

Fair play

A competition is only fun when it's fair. When you compete:

We may reject sets, remove results and places on the leaderboards, and suspend or close accounts that break these rules, even after a set was verified.

How sets are checked

Competition sets are recorded only after you agree, as video without sound. Your count and the video are sent only when you tap Submit to leaderboard, and Discard deletes the set from your iPhone. Before counting, the app asks you for a quick live check of a few random moves, and during each set it asks once to hold at the top for 2 seconds.

The count your iPhone made goes on the leaderboard after our server has checked the set: that it comes from a genuine copy of the app, and that the video is complete and unaltered and matches the set. Moderators may watch any submitted set while its video is kept, and can reject a set that breaks these terms. A missed hold sends the set to a moderator; it doesn't reject it by itself. If a set of yours is rejected, you can appeal once in the app.

A phone camera sees you in two dimensions, so counting can't be perfect. The app's counts and our decisions decide the leaderboards, and we may correct them if we find a mistake.

Zero tolerance for objectionable content and abuse

There is no tolerance for objectionable content or abusive users in PushUp Arena. Your username, your profile photo and anything else you send (including friend requests, reports and appeals) must not:

Don't use friend requests, reports or appeals to harass anyone, and don't report people falsely to get them punished.

Reports, blocks and moderation

If you think we made a mistake, email us.

No prizes, and Apple isn't involved

PushUp Arena competitions are free and have no prizes: the rankings are just for fun. Apple is not a sponsor of, and is not involved in, PushUp Arena or its competitions in any way.

Health and safety

Push-ups are exercise, and exercise carries a risk of injury. You use PushUp Arena at your own risk.

PushUp Arena gives feedback on your push-ups, not medical advice.

Your content

You keep the rights to your username, your profile photo, your videos and anything else you send us. You give Tinfit LLC a worldwide, non-exclusive, royalty-free licence to store, copy, process and show that content, only to run PushUp Arena: your username, photo and results are shown to other players as your privacy settings allow, and your videos are used only for verification and moderation, never shown to other players. The licence ends when the content is deleted, except for what we keep as our privacy policy describes. You confirm that you have the right to send us your content and that it doesn't break these terms or the law.

Using the app

PushUp Arena, including its software, design and rules, belongs to Tinfit LLC. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own non-commercial use, on Apple devices that you own or control, as the App Store's terms allow. Don't copy, modify, sell or rent out the app; don't reach our server other than through the app; don't disrupt or overload PushUp Arena; don't collect other players' data; and don't reverse engineer the app, except where the law allows it.

Apple's standard Licensed Application End User License Agreement also applies to the app. These terms add to it.

Apple

These terms are between you and Tinfit LLC, not Apple. Apple isn't responsible for PushUp Arena or its content, has no obligation to provide maintenance or support for it, and isn't responsible for any claims about it, such as product liability, legal or regulatory compliance, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Suspension and closing your account

You can stop using PushUp Arena at any time and delete your account in the app (Settings → Your data → Delete account). We may suspend or close your account, or stop providing PushUp Arena to you, if you break these terms, if the law requires it, or to protect other players or PushUp Arena. The parts of these terms that by their nature should continue, such as the licence for content we keep, the disclaimers, the limitation of liability and the governing law, continue after your account is closed.

Changes to PushUp Arena

PushUp Arena is free. We may change, add or remove features, change the counting rules (every change gets a new rules version, shown in the app), and suspend or stop PushUp Arena at any time. We'll try to tell you before big changes. PushUp Arena may not always be available.

Disclaimers

PushUp Arena is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties, express or implied, including of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that PushUp Arena will be uninterrupted, error-free or secure, that its counts are exact, or that results, rankings or data will be kept.

Limitation of liability

To the fullest extent the law allows, Tinfit LLC and its members, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or opportunities, arising from PushUp Arena or these terms, even if told they were possible. Our total liability for all claims about PushUp Arena is limited to US$50.

Some places don't allow these limits, so they may not apply to you. Nothing in these terms limits liability that the law doesn't allow to be limited, such as liability for death or personal injury caused by negligence, or for fraud.

Governing law and disputes

These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules. Disputes will be decided by the state and federal courts in New York County, New York, and you and we agree to their jurisdiction. If you're a consumer living in a country whose laws give you rights that a contract can't take away, such as in the European Union or the United Kingdom, you keep those rights, and you can also bring a claim in the courts where you live. Please contact us first: most problems can be solved by email.

Changes to these terms

We may update these terms. When a change matters, we raise the version number at the top, and the app asks you to accept the new terms before you go on using your account. If you don't accept them, stop using PushUp Arena and delete your account. A change doesn't apply to a dispute that began before it.

General

These terms, our privacy policy and Apple's standard end user licence agreement are the whole agreement between you and us about PushUp Arena. If part of these terms can't be enforced, the rest still applies. If we don't enforce something straight away, we haven't given up the right to. You can't transfer these terms to anyone else; we may transfer them to a company that takes over PushUp Arena.

Contact us

Tinfit LLC
515 W 38th St 22G
New York, NY 10018
United States
support@pushuparena.net