Punch Champ Terms of Use
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ASSUMPTION OF RISK, A RELEASE AND WAIVER OF CLAIMS, AN INDEMNITY, A LIMITATION OF LIABILITY, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER (SECTION 17). YOU CAN OPT OUT OF ARBITRATION WITHIN [OPT-OUT DAYS] DAYS (SECTION 17.8).
These Terms of Use ("Terms") are an agreement between you and Pudgefinds LLC, a Texas limited liability company ("we", "us", "our"), about the Punch Champ app for iPhone and Apple Watch and anything we provide through it (together, the "App"). You accept these Terms by ticking the boxes and tapping "I Agree" in the App, or by using the App. If you do not agree, do not use the App.
1. Eligibility
1.1 You must be at least 13 years old to use the App. The App is not directed to children under 13. If you tell us you are under 13, the App will not let you in.
1.2 If you are 13 to 17 (or under the age of majority where you live), a parent or legal guardian must review and agree to these Terms for you, and supervise your use of the App. By letting a minor use the App, the parent or guardian accepts these Terms on the minor's behalf and on their own behalf, and is responsible for the minor's use.
1.3 You may not use the App if you are barred from doing so under the laws that apply to you.
2. The App is a game and a fitness activity, not medical care
The App is a cartoon boxing fitness game. It uses your iPhone's front camera to estimate your body position on your phone and turn your movements into game actions. The App is not a medical device and does not provide medical advice, diagnosis or treatment. Nothing in the App is a substitute for advice from a physician or other qualified professional. Our Health & Safety Disclaimer and Exercise Waiver (the "Health & Safety Notice") is part of these Terms.
3. License
3.1 Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions.
3.2 You may not: copy, modify or make derivative works of the App; reverse engineer, decompile or disassemble it (except where the law allows this despite this limit); rent, lease, sell, sublicense or redistribute it; remove proprietary notices; circumvent security or technical limits; or use the App to build a competing product.
3.3 We and our licensors own the App and all content in it, including characters, artwork, voices, music, text and software. All rights not expressly granted are reserved.
4. Purchases, subscriptions and virtual items
4.1 Apple handles payment. Punch Champ Pro subscriptions, gem packs, the Starter Pack, the level bundle, Season Passes and any other in-app purchases are sold through Apple's App Store, and Apple's terms of sale, payment and refund policies apply. We do not see or store your payment details. Refund requests go to Apple (reportaproblem.apple.com).
4.2 Subscriptions renew automatically at the price shown at purchase until you cancel in your Apple Account settings at least 24 hours before the end of the current period. A free trial, if offered, becomes a paid subscription when it ends unless you cancel before then. Unused trial time is forfeited when you buy a subscription, where the law allows.
4.3 Virtual items have no cash value. Coins, gems, cosmetics, boosts and other in-game items ("Virtual Items") are a limited license to use within the App. They are not property, have no monetary value, and cannot be sold, traded, transferred or exchanged for real money or anything of value, by you or by us, except as required by law. Virtual Items do not expire. Every paid item gives exactly what the store shows; there are no random or "mystery" paid rewards.
4.4 Coins may also be earned by playing or, once the feature is added, by choosing to watch a rewarded video ad (see the Privacy Policy). Earned Virtual Items are subject to this section.
4.5 Your progress and Virtual Items are stored on your device and, if you use it, in Game Center saved games. If you delete the App or your data without a backup, they may be lost and we cannot restore them. Subscriptions and non-consumable purchases can be restored through "Restore Purchases".
4.6 We may change prices, items and offers in the future. Changes do not affect purchases already made.
5. User content, clips and challenge links
5.1 The App can record its own screen and game audio ("Clips"), make score cards, and create "challenge" links that carry a score, fight timing and your fighter name (together, "User Content"). Clips can show the small camera view of you and anything behind you. Clips stay on your device unless you choose to save or share them.
5.2 You own your User Content. You are solely responsible for it and for where you share it. Do not record or share images of other people without their permission, and do not share anything illegal, hateful, sexual, harassing or infringing.
5.3 If you send us User Content (for example, a support request with a Clip), you give us a non-exclusive, worldwide, royalty-free license to use it to provide support and improve the App. We will not use your image in marketing without your separate permission.
5.4 Fighter names pass a filter, but we do not review User Content and are not responsible for content other people share with you.
6. Acceptable use
You agree not to: cheat, exploit bugs, or tamper with scores, leaderboards or challenge links; use bots, scripts or modified clients; interfere with the App, Game Center or other players; harass or impersonate anyone; use the App for any unlawful purpose; or use the App in a way that endangers you or others (for example, near traffic, water, stairs, balconies or while operating a vehicle). We may remove scores that look fake and suspend features for anyone who breaks these rules.
7. AI-voiced characters and fictional content
The opponents are fictional cartoon characters. Their voices were produced with text-to-speech and voice-design tools and are prerecorded in the App; the App does not generate speech at run time and does not listen to you. Their trash talk is comedic and fictional. Any resemblance to real people is coincidental.
8. Third-party services
The App works with Apple services (App Store, Game Center, iCloud, HealthKit, Apple Watch) and may work with third-party devices such as Bluetooth heart rate straps and WHOOP, and (when added) an advertising network. Those services are governed by their own terms and privacy policies, and we are not responsible for them. Your use of Apple Health is also subject to Apple's terms.
9. ASSUMPTION OF RISK
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
9.1 THE APP INVOLVES STRENUOUS PHYSICAL ACTIVITY, including throwing punches, slipping, ducking, twisting, moving your feet and raising your heart rate, in standing, seated and low-impact modes, in fights, guided workouts, Survival, Endless, Boss Rush, Reflex Rush, Combo Trainer and every other mode.
9.2 YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS ACTIVITY HAS INHERENT RISKS that cannot be eliminated, including without limitation: falls; slipping or tripping; collisions with walls, furniture, fixtures, televisions, windows, doors, other people, children or pets; punching or striking objects; muscle strains, sprains, tears and pulls; joint, wrist, elbow, shoulder, neck, back, knee and ankle injuries; overexertion, exhaustion, dehydration, dizziness and fainting; aggravation of existing conditions; seizures triggered by flashing lights; and heart attack, cardiac arrest, stroke, other cardiac events and, in rare cases, death. Risks also come from your surroundings, your equipment (including a phone, stand or mount that tips or falls) and your own physical condition.
9.3 YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS, KNOWN AND UNKNOWN, even if they arise from the ordinary negligence of Pudgefinds LLC or the other Released Parties (defined below), to the fullest extent the law allows. You are solely responsible for deciding whether you are fit to exercise, for choosing a safe space, for your equipment, and for stopping when you need to.
9.4 You confirm that you have read the Health & Safety Notice, and that you are physically able to take part or have consulted a physician and been cleared for this type of exercise.
10. RELEASE AND WAIVER OF CLAIMS
10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (FOR YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVES, ESTATE, ASSIGNS AND ANYONE CLAIMING THROUGH YOU) RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Pudgefinds LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES AND CAUSES OF ACTION, OF ANY KIND, FOR PERSONAL INJURY, ILLNESS, DEATH, OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR PARTICIPATION IN ANY ACTIVITY SUGGESTED BY THE APP, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
10.2 THIS RELEASE DOES NOT APPLY to claims that cannot be waived under applicable law, including, where the law so provides, claims arising from a Released Party's gross negligence, recklessness, willful misconduct or fraud, or to any right that applicable consumer protection law gives you that cannot be excluded by contract.
10.3 California residents: you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other jurisdiction, to the extent it can be waived.
10.4 MINORS. If you are a parent or guardian accepting these Terms for a minor, you give this release on your own behalf and, to the extent the law allows, on behalf of the minor. You understand that some states do not enforce a parent's waiver of a minor's claims; in those states, you agree to the indemnity in Section 11 for claims brought by or on behalf of the minor, to the extent the law allows.
11. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, SETTLEMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR USE OR MISUSE OF THE APP; (B) YOUR PHYSICAL ACTIVITY WHILE USING THE APP, INCLUDING INJURY TO ANY OTHER PERSON OR DAMAGE TO ANY PROPERTY; (C) YOUR USER CONTENT; (D) YOUR VIOLATION OF THESE TERMS OR ANY LAW; OR (E) THE USE OF THE APP BY A MINOR FOR WHOM YOU ACCEPTED THESE TERMS. We may take over the defense of any matter at our own expense, and you will cooperate with us. This section does not require you to indemnify a Released Party for its own gross negligence or willful misconduct.
12. DISCLAIMER OF WARRANTIES
12.1 THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
12.2 ESTIMATES ARE NOT MEDICAL MEASUREMENTS. CALORIES BURNED, HEART RATE, HEART RATE ZONES, PUNCH POWER, PUNCH SPEED, PUNCH COUNTS, FORM SCORES, ACCURACY AND ANY OTHER NUMBERS IN THE APP ARE ESTIMATES FOR ENTERTAINMENT AND MOTIVATION ONLY. They may be inaccurate, they depend on your device, lighting, camera position, heart rate monitor and the information you enter, and they must not be used for medical, diagnostic, treatment, safety or training-load decisions. Heart rate comes only from your Apple Watch or external monitor; the camera never measures it. WE DO NOT WARRANT THAT ANY ESTIMATE IS ACCURATE, OR THAT THE "TAKE A BREATHER" REMINDER OR ANY OTHER SAFETY FEATURE WILL DETECT OR PREVENT OVEREXERTION OR INJURY.
12.3 We do not warrant that the App will be uninterrupted, error-free, secure or compatible with your devices, that pose tracking will recognize every movement, or that defects will be corrected.
12.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case the exclusions apply to the fullest extent allowed.
13. LIMITATION OF LIABILITY
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
13.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP AND IN-APP PURCHASES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) [LIABILITY CAP AMOUNT] (FOR EXAMPLE, US $100).
13.3 These limits apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as, where the law so provides, liability for death or personal injury caused by gross negligence or willful misconduct, or for fraud. Some jurisdictions do not allow these limits, so they may not apply to you.
14. Health data, privacy and consent records
Our Privacy Policy explains how the App handles information, including camera, Health, heart rate and body weight data. When you agree in the App, the App saves on your device the versions of these Terms, the Privacy Policy and the Health & Safety Notice you accepted, the date and time, the app version and that the age check passed. It does not save your birth date.
15. Changes to the App and to these Terms
15.1 We may update, change, suspend or stop any part of the App (for example seasons, fighters, events or features) at any time.
15.2 We may change these Terms. For material changes, we will update the version number and the effective date and ask you to agree again in the App before you continue to play. If you do not agree, stop using the App. Changes do not apply to a dispute that arose before the change, and changes to Section 17 follow Section 17.10.
16. Termination
You may stop using the App at any time and delete your data from Settings > Legal > Delete my data, or by deleting the App. We may suspend or end your license if you break these Terms. Sections 3.3, 4.3, 5, and 9 through 21 survive termination.
17. BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION.
17.1 Informal resolution first. Before starting arbitration or a small claims case, you and we agree to try to resolve the dispute informally for at least 60 days. Send a written notice with your name, the email you use with us (if any), a description of the dispute and the relief you want to [LEGAL EMAIL]. We will send our notices to the contact you give us.
17.2 Agreement to arbitrate. Except as stated in Section 17.4, any dispute, claim or controversy between you and us arising out of or relating to these Terms, the App, or your use of it, including claims for personal injury and the arbitrability of any claim, will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this Section.
17.3 Rules and provider. Arbitration will be administered by [ARBITRATION PROVIDER] (for example, the American Arbitration Association under its Consumer Arbitration Rules, or JAMS under its Streamlined Arbitration Rules) in effect when the claim is filed. The arbitration will take place in the county where you live or by video or written submissions, at your choice. Payment of filing and arbitrator fees will follow the provider's consumer rules; for claims under US $10,000 we will pay the fees that exceed what you would pay to file in court, unless the arbitrator finds the claim frivolous.
17.4 Exceptions. Either of us may (a) bring an individual claim in small claims court if it qualifies [SMALL CLAIMS THRESHOLD NOTE], and (b) seek an injunction in court to stop infringement or misuse of intellectual property.
17.5 CLASS ACTION AND JURY WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may award relief only to the individual party seeking it and only to the extent needed for that party's individual claim.
17.6 Mass filings. If 25 or more similar demands are filed by or with the help of the same counsel, they will be administered in batches under the provider's mass arbitration procedures, to the extent the law and the provider allow.
17.7 Severability of this Section. If the class action waiver is found unenforceable for a claim, that claim (and only that claim) will be severed and heard in court after the individual arbitration of the remaining claims, and the rest of this Section still applies.
17.8 YOUR RIGHT TO OPT OUT. YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN [OPT-OUT DAYS] DAYS (FOR EXAMPLE, 30 DAYS) AFTER YOU FIRST ACCEPT THESE TERMS by emailing [LEGAL EMAIL] with the subject "Arbitration Opt-Out" and your name and the date you first accepted. Opting out does not affect any other part of these Terms, including the release and waiver in Section 10.
17.9 Time limit. To the extent the law allows, any claim must be started within one year after it arises, or it is permanently barred.
17.10 Changes. If we change this Section, you may reject the change by emailing [LEGAL EMAIL] within 30 days, and the earlier version will continue to apply to you.
18. Governing law and venue
These Terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict of law rules. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts in [COUNTY] County, Texas. If you live outside the United States, mandatory consumer protection laws of your country still apply where they cannot be waived.
19. Apple terms (required by Apple)
These terms apply because you got the App from Apple's App Store:
19.1 Parties. These Terms are between you and Pudgefinds LLC only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
19.2 Scope of license. Your license is limited to a non-transferable license to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the App may be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing.
19.3 Maintenance and support. We are solely responsible for any maintenance and support of the App (contact: hi@pudgefinds.com). Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
19.4 Warranty. We are solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, to the extent not disclaimed.
19.5 Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of HealthKit.
19.6 Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
19.7 Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.
19.8 Developer contact. Questions, complaints or claims about the App: Pudgefinds LLC, hi@pudgefinds.com.
19.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
19.10 Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
19.11 If these Terms conflict with Apple's Licensed Application End User License Agreement on any of the points in this Section 19, the more protective term for Apple applies.
20. General
These Terms, the Privacy Policy and the Health & Safety Notice are the entire agreement between you and us about the App. If any part is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them to an affiliate or a successor. Headings are for convenience only. "Including" means "including without limitation".
21. Contact
Pudgefinds LLC
Support: hi@pudgefinds.com
Legal notices and arbitration opt-out: [LEGAL EMAIL]