PushWars — Terms of Service

1. Who we are and how to contact us

PushWars ("PushWars", "we", "us", "our") is a fitness-gaming mobile application operated by Triple R Ventures Ltd (the "Provider"), a company registered in the United Kingdom under number 16984900, with a contact address at Unit 6, Honeyholes Lane, Dunholme, Lincoln, LN23SU, United Kingdom.

• General support: [email protected]
• Privacy enquiries: [email protected]
• Legal notices: [email protected]

These Terms of Service (the "Terms") govern your access to and use of the PushWars iOS application and any related services we provide (together, the "Service").

2. Acceptance of these Terms

By downloading, installing, accessing, or using the Service, you confirm that you accept these Terms and the disclaimers in them, and you agree to comply with them. If you do not agree, you must not use the Service.

These Terms incorporate by reference our Privacy Policy and Apple's standard Licensed Application End User License Agreement (EULA), available at apple.com/legal/internet-services/itunes/dev/stdeula. Where these Terms conflict with Apple's standard EULA in respect of the licensed application, Apple's EULA prevails to the minimum extent of the conflict.

3. Eligibility and age

• You must be at least 13 years old to create an account and use the Service — the same minimum age Apple requires for an App Store account.
• Under-18 users represent that they have obtained permission from a parent or guardian to use the Service, including any purchases. If you are under the digital-consent age set by the law of your country (this varies by country and, within the EU, by member state — it can be as high as 16), you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.
• We do not knowingly allow anyone under 13 to use the Service. If we learn an account belongs to someone under 13, we will delete it (see the Privacy Policy).

By using the Service you represent that you meet these requirements and that the information you give us is accurate.

4. The Service — what PushWars is

PushWars is a collection of camera-controlled fitness games — currently including a melee-combat campaign, boxing, soccer, sprinting, and racing games — where your push-ups and other detected movements control on-screen gameplay. Your device's camera is used, entirely on-device, to detect and count your movement; see the Privacy Policy for exactly what data this produces and what never leaves your device.

PushWars is entertainment software with general fitness-guidance features (Section 5). It is not a medical device, a licensed personal trainer, a physical therapist, or a substitute for professional coaching, and it does not claim to be. It does not diagnose any condition and does not guarantee any fitness, weight, performance, or health outcome.

5. Exercise safety and assumption of risk (please read)

This is the most important part of these Terms.

• You voluntarily assume all risk of injury arising from your use of PushWars, including injury from performing push-ups or other physical movements while playing, and including injury arising from following, or choosing not to follow, any form, technique, or fitness feedback the Service gives you.
• Any form/technique feedback, rep coaching, or fitness guidance the Service provides is generated by automated, camera-based analysis. It can be inaccurate, incomplete, or wrong for your body. It is not reviewed by a doctor, physical therapist, or certified trainer before you see it, and it does not account for your individual medical history, injuries, or physical limitations. Treat it as a general prompt, not an instruction to push past what your body is telling you. The out-of-position pause is a gameplay mechanic, triggered by the camera losing track of your movement — even where the Service also gives you form feedback, no feature of the Service is a guarantee that your technique is safe or that you will not be injured.
• You are responsible for ensuring you have adequate clear space, a stable and secure placement for your device, a suitable exercise surface, and appropriate footwear/clothing before playing.
• If you have any medical condition, injury, or concern that could make vigorous exercise unsafe for you, do not use the Service without first consulting a physician, and do not treat anything the Service tells you as overriding your physician's advice.
• To the maximum extent permitted by law, we are not liable for any injury, harm, or loss arising from your use of the Service, from any exercise you perform while using it, or from your reliance on any form/technique/fitness feedback it gives you. See Section 9 for the full liability terms.

6. Your account, subscriptions, billing and refunds

6.1 Account

Sign-in is handled by our authentication provider (email, Sign in with Apple, or Sign in with Google). You are responsible for keeping your credentials secure and for activity under your account. Tell us at [email protected] if you suspect unauthorized use. One account is for one person; do not share, sell, or transfer it.

6.2 Plans and auto-renewal

Full access requires a paid auto-renewing subscription. Prices and billing periods are shown in the app in your local currency and may change on notice (a change will not affect a period you have already paid for).

• All purchases are made through your Apple App Store account using Apple In-App Purchase. We never see or store your card details — Apple does.
• Your subscription auto-renews at the then-current price each period unless you cancel at least 24 hours before the end of the current period.
• You manage and cancel through Apple (Settings → [your name] → Subscriptions), not through PushWars; we cannot cancel an Apple subscription for you. Cancelling stops future renewals; you keep access until the end of the paid period.

6.3 Refunds — please read carefully

PushWars supplies digital content and services that begin immediately on purchase. Except as set out below or as required by applicable law, all amounts paid are non-refundable, and we do not offer refunds for change of mind, partial use, or dissatisfaction.

• We only offer a refund (or pro-rata credit) where: (a) applicable consumer law requires it (you keep your non-excludable statutory remedies); or (b) we permanently discontinue the Service, in which case we will, where required, refund the unused prepaid portion of a current annual term on a reasonable pro-rata basis.
• EU/UK cooling-off. Where a statutory right to cancel digital content within 14 days would otherwise apply, by purchasing and starting to use the Service you expressly consent to immediate supply and acknowledge that you thereby lose that cancellation right. Your other non-excludable statutory rights are unaffected.
• Apple's own refund process. Even where we do not offer a refund, Apple may grant one at its discretion. Request it from Apple at reportaproblem.apple.com; any such refund is decided by Apple under its policies, not by us.
• Nothing in these Terms excludes or limits your non-excludable statutory consumer rights.

7. Virtual items (XP, tiers, cosmetics)

XP, tiers, cosmetic skins, and any other virtual item in the Service have no monetary value, are not redeemable for money or anything of value outside the app, and are not transferable except through in-game features we explicitly provide. We may modify, reset, or remove virtual items (including as part of anti-cheat remediation, Section 8) at our discretion. We may terminate accounts for cheating or abuse without owing any refund of an unexpired subscription period beyond what Apple's own refund policy provides.

8. Acceptable use, leaderboards, and content

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use while your account is in good standing. You agree not to:

• copy, scrape, resell, or create derivative works from our content;
• reverse-engineer the app or attempt to extract or manipulate the movement-detection engine;
• use bots, scripts, or automated means to generate fake reps, forge API traffic, or otherwise manipulate your progress, XP, or leaderboard standing;
• attempt unauthorized access to the Service, other users' data, or our systems;
• use an offensive, impersonating, or unlawful display name; or
• use the Service unlawfully or to harm others.

Your display name, tier, and score are visible to other users on leaderboards. We may remove, hide, or rename any display name we deem inappropriate, and may suspend or terminate accounts that violate this Section, including removing leaderboard entries obtained through manipulation.

The Service and our content (software, design, branding, the "PushWars" name and logo, game art, characters, and audio) are owned by us or our licensors. All in-game characters, opponents, and settings are fictional; any resemblance to real persons, teams, or organizations is coincidental or for parody/satire purposes only.

9. Disclaimers and limitation of liability

9.1 "As is"

To the fullest extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

9.2 No liability for injury

To the maximum extent permitted by applicable law, PushWars and the Provider, and our officers, employees, contractors, and suppliers, will NOT be liable for any injury, harm, death, or other loss or damage of any kind arising out of or related to: (a) your use of, or inability to use, the Service; (b) any exercise or physical movement you perform while using the Service; (c) any form, technique, or fitness feedback the Service gives you, whether you followed it, ignored it, or the Service failed to give it; (d) reliance on the out-of-position pause or any other gameplay mechanic as if it were a safety feature; or (e) any decision or action you take in connection with the Service. You acknowledge the Service's form/fitness guidance is automated and general, is not a substitute for professional medical or fitness guidance, and that we do not guarantee your safety while you use it.

9.3 Cap on liability

Subject to Section 9.4, and to the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or related to the Service is limited to the greater of (a) the total amount you actually paid us (via Apple) for the Service in the 12 months immediately before the event giving rise to the claim, or (b) USD $50. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data or profits, even if advised of the possibility.

9.4 What we do not exclude

Nothing in these Terms excludes or limits liability where it would be unlawful to do so — including liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded, and including your non-excludable statutory consumer rights. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law.

10. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless PushWars and the Provider and our officers, employees, contractors, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service, including any exercise or movement performed while using it; (b) your breach of these Terms or violation of any law or third-party right; or (c) any injury or harm to you or any other person connected with your use of the Service.

11. Suspension and termination

You can stop using the Service and delete your account at any time in Settings → Account (see the Privacy Policy for what deletion does). We may suspend or terminate your access if you materially breach these Terms (including the anti-cheat provisions in Section 8), if required by law, or to protect the Service or others; where reasonable and lawful we will give notice. On termination the license in Section 8 ends. Sections that by their nature should survive (including 5, 7, 9, 10) continue to apply. Termination does not entitle you to a refund except under Section 6.3 or as required by law.

12. Governing law, disputes, and changes

• These Terms and any dispute are governed by the laws of the United Kingdom, without regard to conflict-of-laws rules. If you are a consumer, you keep the mandatory protections of the law of your country/state of residence, and you may bring proceedings there or in the United Kingdom.
• Please contact [email protected] first — we would always prefer to resolve issues directly.
• We may update these Terms (for example, to reflect changes to the Service or the law). If a change is material we will give reasonable notice (in-app or by email). Continuing to use the Service after a change takes effect means you accept the updated Terms.

13. General

• Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms regarding your license of the app and may enforce them. Apple has no obligation to provide support for the Service and is not responsible for any claims relating to it.
• Whole agreement; severability; no waiver; assignment. These Terms, the Privacy Policy, and the referenced EULA are the entire agreement about the Service. If any provision is unenforceable, the rest remains in force. Our not enforcing a right is not a waiver. You may not transfer your rights; we may transfer ours to a successor in a reorganization, merger, or sale provided your rights are not adversely affected.

Questions about these Terms? Email [email protected].