CONQR Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CONQR mobile application, website, and related services (collectively, the "Service") provided by Swank Labs LLC doing business as CONQR ("CONQR," "we," "us," or "our").

By creating an account, accessing, or using CONQR, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

You can contact us at info@runconqr.com.

1. Eligibility

You must be at least 13 years old to use CONQR. By using the Service, you represent and warrant that you meet this age requirement. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.

2. Use of the Service

CONQR provides a fitness and activity-tracking platform that incorporates gamified features such as maps, territory zones, challenges, levels, rewards, and community interaction. You agree to:

  • Use CONQR only for lawful purposes.
  • Comply with all applicable laws related to fitness activity, traffic, pedestrian safety, trespass, and location-tracking.
  • Always check your surroundings and remain aware of traffic, terrain, obstacles, and other hazards when using CONQR.

You are solely responsible for your health and safety when using CONQR.

3. Registration and Accounts

You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify CONQR promptly of any unauthorized use at info@runconqr.com.

One Account Per User: You may strictly maintain only one account. Creating multiple accounts to manipulate game mechanics (e.g., holding territory, "stacking" rewards) is prohibited.

CONQR may suspend or terminate accounts that violate these Terms.

4. Privacy

Your use of CONQR is also governed by our Privacy Policy. By using CONQR, you consent to our collection, use, and sharing of your data (including location data) as described therein.

5. User Content and In-App Creations

CONQR does not currently permit the upload of user photographs or external media. However, the Service allows you to create in-app elements such as personal crests, territory designs, names, and themes using provided assets.

You agree not to create, design, or arrange game elements in a manner that is offensive, hateful, sexually explicit, or otherwise objectionable. This includes arranging standard game shapes or vectors to form offensive symbols.

By creating in-app content, you grant CONQR a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute such creations solely for operating and improving the Service. CONQR reserves the right to remove any content or reset any user creation at our discretion without notice.

6. Virtual Items and Purchases

CONQR may offer virtual currencies (such as coins or mana), digital items, subscriptions, and other paid features ("Virtual Items").

  • No Real World Value: Virtual Items have no real-world monetary value and cannot be redeemed for real money or transferred outside the Service.
  • Merchant of Record: Transactions are processed by third-party platform providers (e.g., Apple App Store, Google Play Store). These transactions are subject to the terms and refund policies of those platforms. CONQR does not process refunds for purchases made through App Stores.
  • Revocability: CONQR may modify, discontinue, or revoke Virtual Items at any time without liability to you.

7. Fitness, Safety, and Distracted Gameplay

CONQR is a game played in the real world. You acknowledge that your use of the Service involves physical activity and potential risks.

  • Distracted Gameplay: You agree not to interact with the screen, map, or game menus while running, biking, or operating any vehicle. You must stop moving before interacting with the app.
  • Real-World Hazards: CONQR's maps and territory zones are virtual overlays and do not guarantee the safety or accessibility of the real-world location. Do not enter dangerous areas, construction zones, or private property to capture game objectives.
  • Interpersonal Disputes: CONQR is not liable for arguments, altercations, or physical disputes between users that occur at real-world locations.
  • Medical Disclaimer: CONQR is not a medical service. Consult a physician before starting a new fitness program.

8. Location Features and Obfuscation

CONQR uses your device's location to track activities and enable gameplay features such as territory zones and competition.

  • Public Visibility: Your display name (e.g., "John Walker") and game statistics are public.
  • Location Data: You acknowledge that your location data is collected to verify gameplay.
  • Safety Measures: To mitigate stalking risks, CONQR employs safety measures which may include:
    • Time-Delayed Posting: Randomizing or delaying the time at which your activity becomes visible to other players.
    • Map Fuzzing: Obfuscating your exact start/end points on public maps.
  • Limitation: Despite these measures, you acknowledge that game-relevant positions (such as a territory you hold) are visible to other players. You bear the risk of sharing your location via the Service.

9. Prohibited Conduct

You agree not to:

  • Cheat: Use GPS spoofing, emulators, automation software (bots), or fabricated activity data.
  • Multi-Account: Operate multiple accounts or share accounts with other individuals to gain a competitive advantage.
  • Win-Trade: Collude with other users to manipulate game rankings or territory control (e.g., fixing match results).
  • Harass: Harass, threaten, stalk, or intimidate other users.
  • Interfere: Attempt to reverse-engineer the Service, access private APIs, or disrupt servers.

CONQR reserves the right to permanently ban accounts suspected of cheating.

10. Intellectual Property

All trademarks, branding, software, visual assets, game systems, and other content in CONQR are owned by Swank Labs LLC or its licensors. Users may not copy, modify, distribute, or reverse-engineer the Service except where explicitly permitted (e.g., social sharing features).

11. Third-Party Services

CONQR may integrate with third-party tools such as mapping services, wearable device APIs, payments, or analytics. Your use of those features may be subject to third-party terms. CONQR is not responsible for third-party services.

12. Disclaimer of Warranties

CONQR IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • CONQR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  • CONQR SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM PHYSICAL INJURIES, ACCIDENTS, PROPERTY DAMAGE, LOST DATA, OR SERVICE INTERRUPTIONS.
  • CONQR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO CONQR IN THE PAST TWELVE (12) MONTHS, OR ZERO IF YOU MADE NO PURCHASES.

14. Indemnification

You agree to defend, indemnify, and hold harmless Swank Labs LLC, its officers, directors, employees, and agents from any claims, damages, losses, or liabilities (including legal fees) arising from:

  • Your use of the Service.
  • Your breach of these Terms.
  • Your in-app creations, conduct, or interactions with other users.

15. Modifications to the Service

We may add, modify, or remove features (including game balance, territory locations, and scoring rules) at any time, and may suspend or discontinue the Service without notice or liability.

16. Changes to Terms

We may update these Terms periodically. Continued use constitutes acceptance of the updated Terms. Material changes will be communicated in-app or via email.

17. Termination

We may suspend or terminate your account at our sole discretion, including for violation of these Terms.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. You forfeit any accumulated Virtual Items, currency, territory control, and game progress. You are not entitled to a refund for any lost Virtual Items upon termination.

18. Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.

19. Dispute Resolution: Arbitration and Class Action Waiver

  • Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be determined by binding arbitration in King County, Washington, before a single arbitrator. The arbitration shall be administered by JAMS or a similar arbitration body agreed upon by the parties.
  • Class Action Waiver: YOU AND SWANK LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  • Exceptions: Small claims court actions (if they qualify) and claims for injunctive relief regarding intellectual property rights are exempt from arbitration.

20. Contact

For questions, support, or appeals regarding account actions, contact: info@runconqr.com