Last updated: May 13, 2026
Please read these terms and conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Steppa.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Cash Balance means amounts held in Your Account that are eligible for withdrawal subject to these Terms and any minimum payout thresholds.
- Challenge means a fitness-based competition offered through the Service where users compete to achieve specified fitness goals in exchange for entry fees and potential prize winnings.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Steppa LLC, 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States.
- Country refers to: Delaware, United States.
- Creator means a user who creates a public Challenge, including any user operating under a Creator Contract.
- Creator Contract means an individually negotiated agreement between the Company and a Creator that may modify standard fee, settlement, or participation terms for that Creator's Challenges. Binding terms applicable to participants are displayed in the Application before You enter such a Challenge.
- Creator Cut means the share of a Prize Pool, if any, allocated to the Creator of a public Challenge.
- Dormant Account means an Account that has had no user-initiated activity for an extended period as further described in these Terms.
- Entry Fee means the amount You pay to participate in a Challenge.
- Mercury means Mercury Technologies, Inc., the third-party banking platform used by the Company to process payouts of Cash Balance to user bank accounts via ACH.
- Payment Processor means any third-party service provider used by the Company to process payments, currently Whop for Entry Fees and Mercury for payouts.
- Platform Fee means the service fee retained by the Company from each Prize Pool, as further described under "Fees, Pricing, and Limits."
- Prize Pool means the total amount available for distribution to Challenge winners after deduction of Platform Fees and any Creator Cut.
- Promotional Credit means non-withdrawable Account credit issued by the Company for marketing, referral, welcome bonus, or other promotional purposes that may only be applied toward Entry Fees as described in these Terms.
- Service refers to the Application.
- Sponsored Challenge means a Challenge for which the Prize Pool is funded in whole or in part by a third-party sponsor and which may have no Entry Fee or modified terms displayed in the Application.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Whop means Whop Inc., the third-party payment platform used by the Company to process Entry Fee payments.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Communications Consent
By creating an Account, You consent to receive transactional communications from the Company by push notification and email, including but not limited to: Challenge updates, results, payout confirmations, security alerts, and changes to these Terms. These communications are necessary to provide the Service and cannot be opted out of while You maintain an Account.
You may also receive promotional or marketing communications. You may opt out of marketing communications at any time through the Application's notification settings or by following the unsubscribe instructions in any marketing email. Opting out of marketing communications does not affect transactional communications.
Standard message and data rates from Your wireless carrier or internet provider may apply.
Nature of Service - Skill-Based Competition
Steppa is a skill-based fitness competition platform, NOT a gambling service. Success in Challenges depends on Your physical effort, commitment, and ability to achieve fitness goals. The Company does not operate games of chance.
By participating in Challenges, You acknowledge that outcomes are determined by Your performance and adherence to Challenge requirements, not by random chance or luck.
Risk Warning: You may lose 100% of Your Entry Fee. There is no guarantee that You will win any portion of the Prize Pool. Only enter Challenges with funds You can afford to lose.
Geographic Restrictions: Challenges with monetary prizes are void where prohibited by law. You are solely responsible for ensuring that Your participation is legal in Your jurisdiction.
Eligibility and Age Requirements
You must be at least 18 years old to use the Service and participate in Challenges involving monetary transactions.
The Company may, at its discretion, require You to complete identity verification through a third-party provider before processing payouts above certain thresholds, before reinstating a suspended Account, or where required by applicable law (including to comply with U.S. tax reporting and anti-money-laundering obligations). Failure to complete verification when requested may result in inability to receive winnings, account suspension, or forfeiture of pending balances.
The Service may not be available in all geographic locations. We reserve the right to restrict access to the Service in certain jurisdictions where skill-based competitions with entry fees may be restricted or prohibited by law, at any time and without notice.
Challenges - Terms and Conditions
How Challenges Work
Challenges are fitness-based competitions where participants pay an Entry Fee to compete for a share of the Prize Pool. Each Challenge has specific requirements, duration, and success criteria that are clearly displayed before entry.
By entering a Challenge, You agree to compete fairly and honestly, using only legitimate physical activity to achieve the stated goals.
Entry Fees and Platform Fees
When You enter a Challenge, You pay an Entry Fee. The Company retains a Platform Fee and, where applicable, a Creator Cut from each Prize Pool. The specific amounts and resulting Prize Pool calculation are clearly displayed before You confirm Your entry into any Challenge.
All Entry Fees are processed through Our Payment Processors. By making a payment, You agree to the applicable Payment Processor's terms of service.
Fees, Pricing, and Limits
The Company applies the following pricing parameters. Exact amounts and percentages applicable to a specific Challenge or transaction are always displayed in the Application before You confirm:
- Entry Fee range: $10 to $500 per Challenge.
- Platform Fee: Between 5% and 15% of the Prize Pool, set by the Company at its sole discretion within that range based on Challenge type, completion rates, operational costs, and business needs.
- Creator Cut: Up to 10% of the Prize Pool on public Challenges, payable to the Challenge Creator. May be set differently (including higher or zero) under a Creator Contract.
- Public Challenge Creation Fee: $10, payable by the Creator when creating a public Challenge. Refunded to the Creator's Cash Balance only if the Challenge is cancelled with zero participants at start time. Private Challenges have no creation fee.
- Minimum Payout: $25. Cash Balance below this threshold is held in Your Account until Your balance reaches the minimum.
- Payout Velocity Limits: Maximum $500 in any rolling 24-hour period, $2,000 in any rolling 7-day period, and no more than 3 payout requests in any 24-hour period.
- Sponsor Service Fee: For Sponsored Challenges, the Company charges the sponsor a service fee of up to 15% on top of the funded Prize Pool. This fee is non-refundable.
Reservation: The Company reserves the right to adjust amounts, percentages, and limits within the disclosed ranges at any time without prior notice. The Company will provide at least 30 days' notice for material changes that introduce new ranges or otherwise materially alter the economic terms applicable to You. Continued use of the Service after such changes take effect constitutes acceptance.
Cash Balance vs Promotional Credits
Your Account may hold two distinct types of value:
- Cash Balance represents amounts You have won, deposited, or that are otherwise eligible for withdrawal subject to the Minimum Payout and other limits described in these Terms.
- Promotional Credits are non-withdrawable Account credits issued for welcome bonuses, referrals, marketing campaigns, or as goodwill. Promotional Credits may only be applied toward Entry Fees within the Application. They have no cash value, are non-transferable, and may expire as disclosed at the time of issuance.
When You pay an Entry Fee, available Promotional Credits are applied first, with the remainder charged to Your payment method or Cash Balance.
Treatment of winnings from Promotional Credit entries: As of the date of these Terms, winnings from Challenges entered using Promotional Credits are credited as Cash Balance and are eligible for payout subject to the Minimum Payout. The Company reserves the right to introduce additional balance categories in the future (including non-withdrawable balance types tied to specific promotions). The classification of any balance will be clearly displayed in the Application at the time it is issued.
Promotional Credits are issued at the Company's discretion and may be revoked, expired, or denied where We determine, in good faith, that they were obtained through fraud, abuse, multiple accounts, or other violations of these Terms.
Prize Distribution
Winners of Challenges will receive their share of the Prize Pool based on the Challenge's specific distribution rules. Prize distributions are calculated and credited to Your Cash Balance within 24 hours of Challenge completion.
Payouts of Cash Balance are processed through Mercury via ACH bank transfer. Due to standard banking procedures, it may take several business days for funds to appear in Your bank account after a payout is initiated. Processing times vary depending on Your financial institution and other factors outside the Company's control.
You are responsible for providing and maintaining accurate bank account information. The Company is not liable for failed, delayed, or misdirected payouts caused by incorrect bank details, account closures, or other issues with Your financial institution. Reversal, return, or trace fees charged by Your bank or by Mercury for incorrect details may be deducted from Your Cash Balance or invoiced to You.
Challenge Completion and Forfeiture
If You fail to complete a Challenge's requirements within the specified timeframe, You forfeit Your Entry Fee. Entry Fees for incomplete Challenges are not refunded and remain part of the Prize Pool for successful participants.
You are responsible for tracking Your own progress and ensuring You meet all Challenge requirements before the deadline.
Refund Policy
Entry Fees are non-refundable once a Challenge has begun. We do not provide refunds for Challenges You choose not to complete or fail to complete, regardless of the reason.
If the Company cancels a Challenge before it begins (for example, because no other participants joined), Entry Fees paid will be refunded to the participants' Cash Balance.
In other exceptional circumstances where the Company cancels or voids a Challenge due to technical issues or other factors, Entry Fees may be refunded at our sole discretion.
Time, Time Zones, and Challenge Boundaries
Challenge start and end times are based on Your local time zone as recorded by the Application at the time You join the Challenge. Daily progress is measured in Your local calendar day.
The Company's record of Your time zone at join time is authoritative. The Company is not liable for missed deadlines, missed daily targets, or any other adverse outcome resulting from time-zone confusion, device clock errors, daylight-saving transitions, travel across time zones, or changes to Your device's regional settings during a Challenge.
Sponsored Challenges and Creator Contracts
Some Challenges are Sponsored Challenges and may have no Entry Fee or modified Prize Pool structure. The specific terms applicable to a Sponsored Challenge are displayed in the Application before You enter and supplement these Terms. The sponsor of a Sponsored Challenge has no relationship with You and assumes no obligations to You; the Company alone administers the Challenge and Prize Pool.
Some Challenges are operated under a Creator Contract that may modify the Platform Fee, Creator Cut, or settlement terms applicable to that Challenge. Any binding terms that affect participants will be displayed in the Application before You enter and supplement these Terms.
Health Data Tracking — Your Responsibilities
Challenge progress is tracked using data from Apple HealthKit and Your device's health and fitness tracking capabilities. By participating in Challenges, You agree that the Company's record of Your steps and activity, derived from Apple HealthKit's aggregated data and submitted by the Application, is authoritative for all Challenge purposes. You acknowledge and agree to the following responsibilities:
- You must grant the Application all required HealthKit permissions when prompted, and keep those permissions enabled for the duration of any Challenge. Revocation of permissions during a Challenge will stop progress tracking.
- You must keep the Application installed on Your device for the duration of any Challenge. Uninstalling and reinstalling the Application may interrupt tracking.
- You must periodically open the Application during a Challenge to ensure data syncs. Force-quitting the Application from the iOS app switcher prevents background syncing; the Company is not liable for data not submitted while the Application is force-quit.
- You must keep Your device powered, charged, and online. Low Power Mode, airplane mode, prolonged offline status, and other power-saving or connectivity states may degrade or prevent background syncing.
- If You use an Apple Watch or other paired device, You are responsible for ensuring data syncs from Your paired device to Your iPhone before each relevant Challenge deadline. Apple controls this synchronization; the Company has no ability to expedite or guarantee it.
- You must not switch Your primary device or sign out of iCloud during an active Challenge without first confirming Your HealthKit data has fully transferred. Lost or undercounted steps resulting from device transitions are Your responsibility.
- You waive any dispute based on alternative tracking sources, including but not limited to Fitbit, Garmin, Oura, Whoop, manual step counts, pedometer apps, screenshots from other applications, or estimates from Your own observation. Only Apple HealthKit data submitted by the Application counts for Challenge purposes.
- Manually-entered steps in the Apple Health app are excluded from Challenge tracking by design. Steps written to HealthKit by third-party applications may be counted or filtered at the Company's discretion.
- Network outages, device failure, lost or stolen devices, broken or replaced devices, application crashes, operating-system bugs, Apple service outages, third-party service outages, and any other technical issue affecting submission of Your data are not grounds for refund, dispute, or extension of Challenge deadlines.
The Company makes no representation or warranty as to the accuracy of data reported by Apple HealthKit, Your device's sensors, or any third-party application. Apple's reported step counts may differ between devices and over time. You accept these inherent limitations as a condition of participating in Challenges.
Fair Play and Prohibited Conduct
You agree to participate in Challenges honestly and fairly. Prohibited conduct includes, but is not limited to:
- Manipulating or falsifying step counts or other fitness data
- Using devices, apps, scripts, mechanical aids, vehicles, animals, or any method designed to artificially inflate activity metrics
- Sharing accounts or allowing others to complete activities on Your behalf
- Using a jailbroken, rooted, emulated, or otherwise modified device or operating system
- Submitting data You did not personally generate through Your own bona fide physical activity
- Exploiting bugs, glitches, or technical issues to gain unfair advantage
- Operating multiple Accounts in violation of these Terms
- Any other form of cheating, fraud, or abuse
Anti-Cheat and Disqualification Authority
The Company may, in its sole and reasonable discretion, void any Challenge progress, Challenge entry, or Challenge result if We have a good-faith basis to believe it was generated by: (a) manual or third-party-application step entry; (b) physical manipulation of devices (including mounting on motors, pets, vehicles, or shaking devices); (c) jailbroken, rooted, emulated, or otherwise modified devices or operating systems; (d) data not generated by the registered user's bona fide personal physical activity; (e) impossible or implausible step rates, durations, or patterns; (f) coordination between Accounts; or (g) any other circumstance We reasonably deem fraudulent, abusive, or contrary to the spirit of fair competition.
If We void Your progress, entry, or result under this Section, You forfeit the affected Entry Fee, any associated Promotional Credits, and any pending or already-distributed winnings related to the affected Challenge. The Company may also: immediately suspend or permanently terminate Your Account; freeze, claw back, or forfeit Your Cash Balance and Promotional Credits in whole or in part; ban You from re-registering; and pursue legal action and report fraudulent activity to relevant authorities.
Determinations made under this Section are final and binding.
Multiple Accounts
You may maintain only one Account. The Company prohibits the operation of multiple Accounts by the same individual or by individuals coordinating to gain unfair advantage in Challenges or to abuse promotional offers.
The Company uses email addresses, payment-method fingerprints, device signals, and other indicators to detect duplicate or coordinated Accounts. Where We determine, in our sole discretion, that You operate or coordinate multiple Accounts, We may terminate any or all such Accounts and forfeit any Cash Balance, Promotional Credits, and pending winnings associated with them.
Disputes and Challenge Results
If You believe there is an error in Your Challenge results or have a dispute regarding a Challenge outcome, You must contact Us within 7 days of the Challenge end date at support@playsteppa.com. Disputes received after this 7-day period will not be considered.
We will review timely disputes carefully and make a determination in our sole discretion. Our decision regarding Challenge results and disputes is final and binding.
Payment Processing and Financial Terms
Entry Fees are processed through Whop. Payouts are processed through Mercury. The Company may change Payment Processors at any time, with notice provided through the Application or by email. By using the Service, You agree to the applicable Payment Processor's terms of service and privacy policy.
The Company is not a bank, money transmitter, or financial institution. Cash Balance held in Your Account is not interest-bearing, is not insured by the FDIC or any equivalent body, and remains subject to these Terms.
Account Balance and Dormancy
Cash Balance is held by the Company on Your behalf and is generally maintained indefinitely while Your Account remains in good standing. Cash Balance does not earn interest.
Cash Balance is subject to applicable unclaimed-property and escheatment laws. Where required by law, the Company may report and remit unclaimed Cash Balance to the appropriate state or governmental authority following the procedures and after the dormancy periods specified by such laws.
Promotional Credits are not subject to unclaimed-property laws and may expire on the schedule disclosed at the time of issuance.
Chargebacks and Payment Disputes
If You initiate a chargeback, payment dispute, or reversal request with Your payment method provider for any Entry Fee or other charge incurred through the Service, the Company may, immediately and without notice: (a) suspend or terminate Your Account; (b) forfeit Your Cash Balance, Promotional Credits, and any pending winnings; (c) reverse any prior payouts to the extent permitted by law; (d) ban You from re-registering for the Service; and (e) pursue legal action to recover the disputed amount, related fees, and the Company's costs of defending the dispute.
You agree that the Company's records of Your transactions, Challenge entries, and progress constitute conclusive evidence in any chargeback or payment dispute.
If You believe a charge was made in error, contact Us at support@playsteppa.com before initiating a chargeback. We will work in good faith to resolve legitimate billing concerns.
Taxes and Reporting
You are solely responsible for all applicable taxes on any winnings You receive and for reporting such winnings to the appropriate tax authorities in Your jurisdiction.
For U.S. users: The Company may be required to report winnings of $600 or more per calendar year to the Internal Revenue Service via Form 1099. You may be required to provide tax identification information (such as Your Social Security Number or Tax Identification Number) and complete additional verification before such payouts are processed.
For non-U.S. users: You are responsible for understanding and complying with Your local tax laws regarding reporting of winnings. The Company does not provide tax advice. Consult a tax professional if You have questions about Your tax obligations.
The Company is not responsible for any fees charged by Your bank, payment provider, or financial institution for receiving transfers, currency conversion, or other payment-related services.
Health, Medical, and Professional Advice Disclaimer
No Medical Advice: THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. You should consult with a healthcare professional before beginning any fitness program or participating in physical Challenges, especially if You have any pre-existing health conditions.
The Company makes no representations or warranties regarding the health benefits or safety of participating in Challenges. You participate in all fitness activities at Your own risk.
Step counts, activity data, and other health metrics provided by the Service are for informational and entertainment purposes only and should not be used for medical diagnosis or treatment.
No Professional Advice: Nothing in the Service constitutes professional advice of any kind, including but not limited to medical, legal, financial, tax, or investment advice. Any content, tips, suggestions, or information provided through the Service is for general informational and entertainment purposes only.
You should not rely on any information in the Service as a substitute for professional advice from qualified professionals in the relevant fields.
Geographic Restrictions
The Service and Challenges with monetary prizes may not be available in all locations due to local laws and regulations. The Company reserves the right to restrict, suspend, or prohibit access to the Service or any Challenge in any jurisdiction at any time and without notice, including jurisdictions where skill-based competitions with entry fees are regulated, restricted, or prohibited.
You represent and warrant that Your participation in any Challenge is lawful in Your jurisdiction. It is Your sole responsibility to ensure that Your use of the Service complies with all applicable local laws.
Third-Party Services
The Service utilizes various third-party service providers, including but not limited to:
- Whop — Payment processing for Entry Fees
- Mercury — Banking and ACH payouts of Cash Balance
- Supabase — Data storage and backend services
- Apple HealthKit — Health and fitness data tracking
- Expo — Push notifications and app infrastructure
Your use of these third-party services is subject to their respective terms of service and privacy policies. The Company is not responsible for the actions, policies, or service availability of these third-party providers.
Intellectual Property
The Service and its original content, features, and functionality are owned by Steppa LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any personal data You provide to the Service, but You grant the Company a license to use, store, and process this data as necessary to provide the Service and as described in our Privacy Policy.
Challenge results, leaderboards, and aggregated statistics may be used by the Company for marketing, promotional, and analytical purposes.
Account Suspension, Deletion, and Termination
You may delete Your Account at any time and for any reason through the Application's settings or by contacting support@playsteppa.com. The following terms apply:
- Active Challenges: If You delete Your Account while an Entry Fee has been paid for a Challenge that has not yet been settled, You forfeit that Entry Fee and any Promotional Credits applied to it. The Entry Fee will remain in the Prize Pool for the remaining participants. The Company will not refund forfeited amounts.
- Pending Payouts: If You have a pending or processing payout at the time of Your deletion request, the Company may delay Your deletion until the payout completes or is otherwise resolved.
- Cash Balance: Withdraw any Cash Balance above the Minimum Payout before requesting deletion. Cash Balance below the Minimum Payout, or Cash Balance not withdrawn before deletion, may be forfeited.
- Promotional Credits: All Promotional Credits are forfeited on Account deletion.
- Data Retention: Certain information may be retained after Account deletion as described in our Privacy Policy, including for tax, legal, fraud-prevention, and regulatory compliance purposes.
In addition to the rights described elsewhere in these Terms, the Company may suspend or terminate Your Account, immediately and without notice, for any violation of these Terms, including but not limited to:
- Fraudulent or deceptive conduct, including violations of the Fair Play and Anti-Cheat sections above
- Operation of multiple Accounts
- Failure to complete identity verification when requested
- Chargebacks or payment disputes
- Abusive behavior toward other users or Company staff
- Use of the Service in any jurisdiction where it is unlawful
If Your Account is suspended or terminated for violating these Terms, You may forfeit any Cash Balance, Promotional Credits, and pending winnings. The Company is not obligated to provide refunds or compensation for suspended or terminated Accounts.
You may appeal Account suspensions by contacting support@playsteppa.com. All appeal decisions are made at our sole discretion and are final.
Service Availability, Force Majeure, and Settlement Delays
The Service is provided on an "as available" basis. Outages, maintenance, system errors, network congestion, capacity limits, third-party service failures (including but not limited to Apple, Whop, Mercury, Supabase, Expo, telecommunications carriers, internet service providers, and cloud infrastructure providers), and other circumstances beyond the Company's reasonable control may delay, prevent, or otherwise affect the operation, settlement, or payout of Challenges.
For Challenges materially affected by such circumstances, Your sole and exclusive remedy is, at the Company's discretion: (a) extending the affected Challenge; (b) refunding affected Entry Fees to Cash Balance; or (c) settling the Challenge based on best-available data.
Force Majeure: The Company will not be liable for any failure or delay in the performance of its obligations under these Terms to the extent caused by acts of God, natural disasters, war, terrorism, civil unrest, pandemic, epidemic, government action, embargo, strike, labor dispute, fire, flood, power failure, telecommunications failure, third-party service failure, cyberattack, or any other event beyond the Company's reasonable control.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your participation in Challenges
- Your violation of any third-party rights, including intellectual property rights or privacy rights
- Any chargeback, payment dispute, or reversal initiated by You
- Any fraudulent or illegal activity related to Your use of the Service
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to the claim, or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Assignment and Transfer
The Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms without Your consent in connection with:
- A merger, acquisition, or sale of assets
- Corporate reorganization or restructuring
- Transfer to an affiliate or subsidiary
- Any other business transaction or corporate change
You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent.
Dispute Resolution and Arbitration
Informal Resolution
Before initiating any formal dispute resolution, You agree to first contact Us at support@playsteppa.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for a period of at least 30 days.
Binding Arbitration
If We cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, performance, or breach of these Terms) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
The arbitration will be conducted by a single arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
The arbitration will take place in Delaware, United States, or another location mutually agreed upon by the parties. You may choose to conduct the arbitration by telephone, based on written submissions, or in person.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both You and the Company agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties, and may not preside over any form of consolidated, representative, or class proceeding.
If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Exceptions to Arbitration
Either party may bring a claim in small claims court if the claim qualifies. Additionally, either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
Opt-Out Right
You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@playsteppa.com with the subject line "Arbitration Opt-Out" and including Your name, email address, and a clear statement that You wish to opt out of the arbitration agreement.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
- By email: support@playsteppa.com
- By phone: +1 (302) 464-8865