EULA (End User License Agreement)

Last Updated: Oct 11, 2020

 

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS "EULA"), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER ("YOU"), AND CHALLENGER (COLLECTIVELY, "CHALLENGER", "WE" OR "US"), CAREFULLY BEFORE USING THE CHALLENGER INDOOR PRODUCT PROVIDED BY (THE "PRODUCT"). BY DOWNLOADING, ACCESSING OR USING THE PRODUCT OR PRODUCT RELATED CLIENT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK "ACCEPT" OR OTHERWISE DOWNLOAD, ACCESS OR USE THE PRODUCT OR RELATED PRODUCT SOFTWARE.

 

Terms of Use

The Product is licensed, not sold, to you by Challenger. By using the Product, you agree to be bound by this EULA. We reserve all rights in and to the Product not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by Challenger that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and Challenger, and not with the provider or operator of your computer, device, operating system, and/or distribution platform (collectively, the "Platform Operator"), and that Challenger is solely responsible for the Product and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Platform Operator, the terms and conditions of the Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Platform Operator's commerce center or store (e.g., Apple App Store, Android Market) where the Product may be available. You are responsible for checking this EULA each time before using the Product. Continued use of the Product following the posting of changes will mean that you accept and agree to the updated EULA.

 

Scope of License

This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, revocable, terminable license to use the Product on computers, hardware or devices that you own or control and as permitted by the usage rules of the Platform Operator, or other terms and conditions applying to your device. This EULA does not allow you to use the Product on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Product available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Product and, if you sell your device to a third party, you must remove the Product before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your computer, hardware or device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Product). Any attempt to do so is violation of the rights of Challenger and Challenger's licensors. If you breach this restriction, you may be subject to prosecution and damages.

 

Intellectual Property; Reservation of Rights

All software, computer code, technology, and other content and materials included in the Product, including, without limitation, text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, and data (but not including any content posted by users) is owned exclusively by Challenger or Challenger's licensors and protected by applicable copyright, patent, trademark and other intellectual property laws. Except for the limited license to use the Product as expressly set forth herein, Challenger grants no other rights, license or interest in or to the Product or its related intellectual property rights and ownership, all of which are expressly reserved by Challenger.

 

Charges

If there is a charge associated with the Product, you agree to pay that charge. If the Product is free, there may still be charges for additional content within the Product, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your computer's hardware's or device's settings. Certain computers, hardware or devices may keep you logged on for a period of time after you download the Product (or after you make a purchase through the Product). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Product exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Product even if the Product itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Product. Any amounts paid for the Product or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA.

 

Consent to Use of Data

We may ask you to submit certain personal information in order to register a Challenger account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Challenger has the right to suspend or terminate your account and refuse any and all current or future use of the Product by you. Challenger is committed to protecting your privacy. By using the Product, you agree to be bound by Challenger's privacy policy located at www.challengerapp.it/privacy. You agree that we may collect and use technical data and statistical data, analytics, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Product. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new products or other applications to you.

 

Registration; Password

When you register for a Challenger account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Product, you should update your profile to reflect the changes.

 

Minor Users

The Service is not targeted to or designed to attract children under 13 years of age. Subject to the foregoing and the laws of your country of residence, children under 13 years of age may establish and utilize an Account provided that Challenger is given the express written consent of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your "Child") to use an Account on the Service, you hereby agree to the Terms of Service on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you, including without limitation, your Child's acceptance of the EULA for apps that are playable on the Service, any Challenger terms of service or use, use of any registered payment instruments, as well as all of the terms of Challenger's privacy policy.

 

User Content

The Product may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Product or portions thereof. Challenger has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Product, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to Challenger a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Product or by any other means. You further hereby irrevocably grant to Challenger the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you. We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

 

Third Party Services

The Product may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook or Instagram possibility of data sharing). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk. In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service. We may allow you to log in to the Product using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Product.

 

Prohibited Conduct

You agree not to engage in any of the following conduct through or in connection with the Product:

1. interfere with or disrupt the Product or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Product

2. interfere with, disrupt or circumvent any security feature of the Product or any feature that restricts or enforces limitations on use of or access to the Product

3. use the Product to violate the law

4. use the Product to harm minors in any way

5. use the Product to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual

6. defraud or mislead Challenger or other users

7. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

8. create a Challenger account by automated means or false pretences or use any other user's account for any purpose, including to circumvent a suspension or ban

9. cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software programs or applications that are designed to modify the Product experience to the detriment of fair play

10. submit false refund requests to Challenger. Challenger reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Product and to take action as a result, which may include termination of your account and exclusion from further participation in the Product.

 

Changes, Suspension or Termination of the Product

We reserve the right to add, change, suspend or discontinue the Product, or any aspect or feature of the Product, without notice or liability. You agree that we may alter the Product, which includes changing the various terms and changing or eliminating parts of the Product, without contacting you in advance. You agree that we may temporarily suspend the Product without prior notice. During any such period you may be unable to access any information you have stored on the Product. This may occur, for example, when we are conducting regular or emergency maintenance on the Product. The license is effective until terminated by you or Challenger. Your rights under this EULA will terminate automatically without notice from Challenger if you cease all use of the Product and delete all copies of the Product. You may, as a result of termination, lose your Challenger account and all information and data associated with it, including virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or Challenger. Challenger reserves the right to refuse to keep accounts for or provide access to the Product to anyone.

 

NO WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE PRODUCT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHALLENGER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO CHALLENGER PARTY WARRANTS THAT THE PRODUCT, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHALLENGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT, OR PERFORMED OR PROVIDED BY THE PRODUCT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CHALLENGER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CHALLENGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Product to conform to any applicable Platform Operator warranty on the Platform Operator's applicable device or platform, you may notify and request a refund for the purchase price for the Product from the applicable Platform Operator.

 

Indemnification

You are responsible for damages incurred by Challenger and our affiliates as a result of your use of the Product and agree to defend, indemnify and hold harmless Challenger and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to the use of the Product and any breach of this EULA or any other policies posted on or in connection with the Product from time to time.

 

Third Party Beneficiary

You acknowledge and agree that the Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

 

No Support

You agree that Challenger has no obligation to provide technical, maintenance or other support relating to the Product. You further agree that the applicable Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Product. We may provide limited support to users who contact us through info@challengerapp.it; provided, however, that we may discontinue such support at any time.

 

Export

You may not use or otherwise export or re-export the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported

1. into any US-embargoed countries, or

2. to anyone on the US Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

 

US Government Users

The Product and related documentation are "Commercial Items", as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R § 277.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

Communications

You agree that Challenger may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Product, or for other purposes we deem appropriate.

Any questions relating to the Product should be directed to: info@challengerapp.it

 

Disputes

As used in this EULA, "Dispute(s)" means any dispute, claim, demand, action, proceeding, or other controversy between you and Challenger concerning the Product and your or Challenger's obligations and performance under this EULA or with respect to the Product, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law. You acknowledge that the Platform Operator is not responsible for addressing any disputes.

 

Arbitration

Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and Challenger. You and Challenger agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Challenger otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Challenger provides written notice of the Dispute. You and Challenger agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.

 

Governing Law

The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Product. Your use of the Product may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

 

Severability

If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

 

Complete Agreement

This EULA and any other policies posted on, in or in connection with the Product from time to time, including any Challenger website, constitute the complete agreement between you and Challenger with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Challenger.