Acceptance of Terms
Welcome to U Won’t, a mobile application and service operated by U Won’t, Inc., a Delaware corporation (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the U Won’t app and any related website, services, or features (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.
By using U Won’t, you also agree to our Privacy Policy (which describes how we collect, use, and protect your information) and any other policies or guidelines we may provide within the app. These Terms constitute a binding legal agreement between you and U Won’t, Inc. Please read them carefully and contact us if you have any questions.
Eligibility (Age and Location Restrictions)
- Age Requirement: You must be at least 18 years old to create an account and use the Service. By using U Won’t, you represent and warrant that you are 18 or older and have the legal capacity to enter into this agreement. The Service is intended for adults only, and we do not knowingly allow minors to use the platform.
- Identity and Eligibility: The Service is currently available only to users located in the United States. By using the app, you represent that you are a resident of the U.S. or are physically present in the U.S. while using the Service. We make no representations that the Service is available or appropriate in other jurisdictions. We may restrict or terminate access from any location outside the U.S.
- Compliance with Laws: You are only eligible to use U Won’t if you are not barred from doing so under any applicable laws. You agree that you will use the Service only in compliance with these Terms and all applicable local, state, national, and international laws and regulations.
Account Registration and Identity Verification
To use U Won’t, you must create a user account. You agree to provide accurate, current, and complete information during registration and at all other times when you use the Service. This includes providing your real name, valid contact information, and any other details we request. Impersonation or using false information is prohibited.
- Identity Verification: Because U Won’t involves real-money transactions and is restricted to adults, we require identity verification for all users. You agree to provide a valid government-issued photo identification (such as a driver's license or passport) and possibly a selfie or biometric information as requested, so we can verify your age and identity. We may use a trusted third-party identity verification service (for example, Stripe Identity or a similar provider) to securely collect and verify your ID documents by scanning the document and matching it to your selfie. By signing up, you authorize us to verify your identity and consent to our use of such third-party services to confirm your age and identity.
- Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your password or allow others to access your account. You agree to notify us immediately at our support contact (provided below) if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from someone else using your account with or without your permission.
- One Account Per User: Each person may register only one account. You may not create an account for someone else or transfer your account to anyone. We reserve the right to require additional information or verification steps at any time (for example, if we suspect fraud or if you need to update your information).
- Account Deactivation: You may delete or deactivate your account at any time if you no longer wish to use the Service. However, you will remain responsible for any obligations incurred before termination (such as completing a pending challenge or any fees owed). We reserve the right to reject any registration or to suspend/terminate any account that we find (in our sole discretion) is in breach of these Terms or otherwise poses risk to our community.
How Challenges Work on U Won’t
U Won’t is a platform that allows users to participate in crowd-funded challenges for cash rewards. The following outlines how the challenge system works:
- Challenge Creation: A user (the “Challenger”) creates a challenge by posting a description of a task they commit to perform. The Challenger may set terms for the challenge, such as a time frame for completion and a target funding amount or goal.
- Contributions: Other users (the “Contributors”) can pledge real money toward a challenge as an incentive for the Challenger to complete the task. All contributions are handled through our integrated payment processor (Stripe). When you contribute to a challenge, your payment method is authorized for the pledged amount—but not immediately charged. The funds are temporarily held (authorized) until the challenge is resolved. If the challenge is successfully completed, your authorized pledge will be captured and processed. If the challenge fails or is not completed, the authorization will be voided and no charge will occur.
- Commission and Fees: U Won’t, Inc. will deduct a 10% commission from the total pledged funds for a successful challenge as a service fee. For example, if a challenge raises $100 and is successfully completed, the Challenger will receive $90 and U Won’t takes $10 (10%). This commission is how we fund and operate the platform. You acknowledge and agree to this commission on all challenges. (Note: Standard payment processing fees charged by Stripe may also apply, but they are generally covered within our commission or handled on our end.)
- Challenge Completion: The Challenger is responsible for completing the task as described and must provide proof of completion (such as a video, photo, or other evidence) through the app. The proof must be submitted within the allotted time frame or by the deadline (if one was set for the challenge). By submitting proof, the Challenger attests that they have in fact completed the challenge according to its terms.
- Contributor Review (24-Hour Veto Period): Once proof of completion is posted, all Contributors to that challenge have up to 24 hours to review the proof. During this 24-hour window, each Contributor can either approve the proof (or take no action, which is treated as approval) or veto the proof if they believe the challenge was not successfully or honestly completed. A “veto” is essentially an objection or dispute of the Challenger's proof.
- Successful Completion and Payout: If no Contributor vetoes the proof within 24 hours after the proof is submitted (i.e., all Contributors are satisfied or no one objects), the challenge is considered successfully completed. At that point, all authorized contributions are captured and finalized: the Challenger will receive the agreed-upon payout (the total contributions minus the 10% commission), and the Contributors will be charged the amount they pledged. Once captured, the transaction is considered final and non-refundable (except as required by law or in cases of fraud). If the challenge is not completed or is disqualified, no charges will be made and any pending authorizations will be released automatically.
- Disputed Completion (Moderator Review): If any Contributor vetoes the proof within the 24-hour review period, the challenge outcome is put on hold for further review. U Won’t's moderators/admins will then review the submitted proof and the details of the challenge to make an independent determination. We may consider the proof provided, the challenge criteria, and the feedback from Contributors when making a decision. The Company reserves the right to contact the Challenger for additional evidence or clarification if needed.
- Final Decision: After review, U Won’t will make a final decision on whether the challenge is deemed successfully completed or not. This decision is made in good faith based on the evidence and is final and binding on all parties.
- If the moderator approves the proof (overriding the veto), the challenge will be marked successful and the payout will be released to the Challenger (minus the commission), just as if no veto had occurred. Contributors will be charged and the Challenger paid.
- If the moderator rejects the proof (upholding the veto or determining the challenge was not properly completed), the challenge will be deemed failed or not completed. In that case, no payout is made to the Challenger, and all Contributors' authorized pledges for that challenge will be voided or released back to them. (Please note that it may take a few business days for the authorization hold to disappear from a contributor's payment card, depending on their bank or card issuer.)
- No Further Appeal: By using the Service, you agree that U Won’t, Inc.'s determination regarding challenge completion (in the event of a dispute) is final. There is no further appeals process within the app. However, if you believe a user is engaging in fraud or other wrongdoing, you may still report the user as described in our guidelines, and we may take additional action on their account as appropriate.
- Challenge Cancellations: We reserve the right to cancel or suspend a challenge at any time if we have reason to believe the challenge violates these Terms or our guidelines (for example, if the challenge involves prohibited content or illegal activity), or if fraud, cheating, or technical errors occur. If a challenge is canceled by us before completion, all contributed funds will be returned to the Contributors. The Challenger will not receive any payout for a canceled or disqualified challenge, and U Won’t will not take a commission in such cases.
By participating in a challenge (whether as a Challenger or Contributor), you understand and agree to the above process. Contributors: when you pledge money to a challenge, you are committing those funds to be used as described above, and you will not be able to arbitrarily withdraw your pledge after the challenge is completed (except in cases where the challenge fails or is canceled and a refund is due). Challengers: when you accept contributions and attempt a challenge, you are responsible for providing truthful and sufficient proof of completion. Any attempt to defraud the system (such as faking proof or colluding with contributors to approve false proof) is a serious violation of these Terms and may result in loss of payout, account termination, and other legal consequences.
Acceptable Use and Challenge Guidelines
We are committed to building a positive and safe community on U Won’t. To protect all users and the Company, you must follow these acceptable use guidelines. You agree NOT to create, share, or participate in any challenge or content that:
- Illegal Activities: Involves or encourages any illegal or criminal activities. You must not use U Won’t to plan, do, or get paid for anything unlawful (for example, vandalism, theft, drug use, or any crime).
- Violence or Harm: Promotes or involves violence, physical harm, or dangerous activities that could lead to injury or death. This includes challenges that pose serious risks to any person's safety, involve weapons, or encourage self-harm or the harm of others. We do not allow content that glorifies violence or encourages anyone to put themselves or others in immediate danger.
- Pornography or Sexual Content: Contains pornographic, sexually explicit, or obscene content. Any challenge that involves sexual acts, nudity, or sexually explicit material is strictly prohibited. (Non-pornographic adult content that is not explicit may still be removed if we find it inappropriate or if it violates any other rules.)
- Hate Speech or Harassment: Includes any form of hate speech, harassment, or discrimination. You must not target or attack others on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic. Bullying, threats, or personal harassment of any user is not allowed.
- Graphic or Shocking Content: Depicts graphic violence, gore, or any content likely to be highly offensive or disturbing to the community. (For example, no challenges involving the injury or maiming of animals, and no extremely graphic injury footage, even if “consensual”.)
- Fraud or Scams: Seeks to defraud others. You must not use the platform for any scam, such as creating fake challenges, posting false proof, or misrepresenting your intentions. Do not attempt to game the system (e.g., by colluding to create challenges with predetermined outcomes or by artificially influencing challenge results).
- Gambling or Wagering: Involves gambling, betting, or games of chance. U Won’t is for skill/task-based challenges, not wagers on random events. Do not create challenges that effectively function as bets or lotteries, especially where the outcome is outside the challenger's control.
- Intellectual Property Infringement: Uses content that you do not own or have rights to, including unauthorized use of copyrighted material or trademarks. For example, do not upload music, videos, images, or other media in your challenge proof if you don't have permission or if it violates someone else's rights. You are responsible for the content you post.
- Privacy and Personal Data: Violates anyone's privacy or rights of publicity. Do not post personal information (e.g. someone's address or identification documents) or images of people without consent. Challenges that involve secretly filming people or any form of privacy invasion are not allowed.
- Other Harmful Content: Any content that is malicious, contains viruses or malware, or otherwise interferes with the proper functioning of the Service. Also, do not use the Service for commercial advertising or political campaigning without our permission.
Compliance and Moderation: We reserve the right to review, monitor, and remove any user content or challenges at any time for any reason. If you engage in any of the above prohibited activities (or otherwise violate these Terms or our guidelines), we may remove your content, issue a warning, suspend your account, or ban you outright, at our sole discretion. Remember that all users are expected to use common sense and good judgment — just because a specific type of content isn't listed here doesn't mean it's allowed if it's obviously harmful or unlawful. When in doubt, keep it safe, legal, and respectful.
You are solely responsible for your interactions with other users and any content you provide. U Won’t does not pre-approve challenges or user content, but we have the right (though not the obligation) to monitor and moderate what is posted. If we remove content or terminate an account for violating these rules, no refund will be due for any amounts paid or pledged related to that content (except as we determine appropriate in our discretion or as required by law).
User Content Rights and License
When you post content on U Won’t (including challenge descriptions, photos, videos of proof, comments, etc.), you retain ownership of your own content. We do not claim ownership of the media or text you create. However, to operate the Service, we need certain rights to your content. Therefore, by submitting or posting content on U Won’t, you grant U Won’t, Inc. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (for technical purposes, e.g., transcoding or resizing), distribute, publish, and display your content in connection with providing the Service. This license allows us, for example, to show your proof video to Contributors, display your challenge on the public feed, or use a clip of your challenge in promotional materials for U Won’t. We will never sell your content to third parties without your permission; this license is only to enable us to run and promote the platform.
You represent and warrant that you have all necessary rights to post any content that you upload, and that our use of your content as permitted by this license will not infringe or violate the rights of any third party. If your content contains the likeness of any person other than yourself, you must have their permission to include them (and if they are a minor, you must have the permission of their parent/guardian – however, recall that all users must be 18+, so do not involve minors in your videos or challenges).
We do not endorse or guarantee the truthfulness or quality of user-generated content. All content is the sole responsibility of the user who posted it. We are not liable for any errors or omissions in any content, nor for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
If you believe content on the Service infringes your copyright or other rights, or violates these Terms, please notify us through the reporting channels or contact us directly (see Contact Information below). We will respond to legitimate takedown requests and may remove content at our discretion and in accordance with applicable law (for example, the Digital Millennium Copyright Act “DMCA” for copyright complaints).
Payments, Payouts, and Fees
Real Money Transactions: U Won’t enables monetary transactions between users (Contributors and Challengers) as part of the challenge system. All financial transactions on the platform are processed by Stripe, our third-party payment processor. By using the Service and engaging in any transaction, you agree to abide by Stripe's payment terms and any relevant policies (you may be required to accept Stripe's terms of service when linking a payout account or making a payment). U Won’t does not store your credit card or bank information; those are handled securely by Stripe.
Contributing to a Challenge: If you contribute money to a challenge, you will be prompted to provide a payment method (e.g., credit/debit card or other methods supported by Stripe). When you make a pledge, Stripe will charge your payment method for the amount of your contribution, either immediately or upon the challenge's successful completion. In most cases, your card will be authorized for the amount at the time of pledging and actually charged once the result is determined. If the challenge fails or is canceled (meaning no payout to the Challenger), you will either not be charged at all, or if the charge was already processed, you will receive a refund of that amount. It may take several days for a refund to process back to your card or account, depending on Stripe and your bank.
Receiving a Payout (For Challengers): If you successfully complete a challenge and it is approved (no veto or the veto is resolved in your favor), you (the Challenger) will receive the pledged funds minus our 10% commission. In order to receive payouts, you will be required to connect a Stripe account or provide necessary banking information through Stripe's onboarding process (this may involve additional identity verification per Stripe's requirements, since you are receiving funds). Payouts will be delivered to you through Stripe (for example, via direct deposit to your bank) typically within a certain number of days after challenge completion, subject to any hold or review period. Note that Stripe may impose a short delay for risk or fraud checks, or we may delay payout if a dispute is under review.
Fees and Commission: U Won’t's revenue comes from the 10% commission on successful challenges. As a user, you acknowledge that this fee will be deducted from payouts. In some cases, there may also be standard payment processing fees (charged by Stripe or banks) which we typically cover out of our commission. We do not charge any additional subscription or usage fee for using the app at this time; creating an account is free. However, we reserve the right to introduce new fees in the future (for example, a fee for expedited withdrawals or premium features), and any such fees would be communicated and would require agreement to new terms.
No Refunds on Completed Transactions: Aside from the challenge outcome refunds described (i.e., contributors get refunded if a challenge fails or is canceled), all completed transactions are final. If you contribute to a challenge and it succeeds, you do not get your money back (it goes to the Challenger). If you are a Challenger and receive a payout, you are not required to return the money to contributors (unless we later determine that you violated the Terms or committed fraud, in which case we reserve the right to reverse or recover payments).
Chargebacks or Payment Disputes: You agree not to unfairly dispute a credit card charge for a successful challenge that you contributed to. If you believe a transaction was unauthorized or made in error, please contact our support so we can investigate. We may suspend any account involved in fraudulent payment activities.
Taxes: You are responsible for any taxes associated with the money you earn or spend on U Won’t. For example, if you perform challenges and earn income, that may be considered taxable income by the IRS or state authorities. U Won’t, Inc. may send you a 1099-K or other tax forms if required by law (for instance, if your earnings exceed a certain threshold). We do not withhold income taxes from payouts. If you have tax questions, consult a professional; it is your responsibility to report and pay any applicable taxes.
Stripe and Third-Party Terms: Because we use Stripe and possibly other third-party services to facilitate payments, by using our Service you agree to comply with those third-party terms as well. For example, you must not use U Won’t for any prohibited activities under Stripe's policies (such as money laundering, fraud, or transactions involving prohibited items). We may be required to provide information about you or your activities to Stripe or authorities if there is an investigation into fraudulent or illegal transactions.
Content Monitoring and User Reporting
We strive to maintain a safe and fun environment, but we count on our community to help enforce the rules. Users are encouraged to report any content or behavior that appears to violate our guidelines or these Terms. The U Won’t app provides in-app tools (such as a “Report” button or similar) to flag inappropriate or suspicious content. You can also contact us directly to report issues (see Contact Information below).
- Community Reporting: If you see a challenge, proof video, comment, or any user behavior on U Won’t that you believe is harassing, illegal, dangerous, or otherwise breaches the Acceptable Use rules, please report it. When you report content, we may ask you to provide a brief explanation of what's wrong. Please do so honestly and only report in good faith. Malicious or false reporting (trying to get someone else in trouble with false claims) is itself a violation of these Terms.
- Moderation Actions: Our moderation team reviews reports from users as well as content flagged by automated systems. If content is found to violate our standards, we may remove it. If a user is found to be violating rules, we may warn, suspend, or ban the user, depending on severity and history. We also reserve the right to proactively remove or edit content that we find problematic, even if no one has reported it yet.
- No Guarantee of Review: We will make good faith efforts to review user reports promptly, but we do not guarantee that every report will result in action or that it will be reviewed within any specific timeframe. (For example, a high volume of reports or resource limitations might delay reviews.) The absence of a removal or ban does not mean we endorse the content or that we deem it acceptable.
- Transparency: We may or may not notify you if we take down content you posted or if we suspend/ban your account. We also may not inform reporters of the outcome of their reports, for privacy reasons. However, we do aim to uphold our policies consistently. If you feel your content was removed or your account was affected unfairly, you may contact support to inquire, but we are not obligated to reinstate content or accounts that violated the Terms.
- Emergency: If any user appears to be in immediate danger or is posting threats of harm (to themselves or others), please report this and, if appropriate, consider notifying law enforcement. While we will do what we can, we are not an emergency service. Always prioritize safety and call 911 or local authorities if someone's life or safety is at risk.
By participating in the U Won’t community, you agree to cooperate in maintaining a respectful environment. That includes respecting the decisions of moderators and the reporting process.
Assumption of Risk and Safety Acknowledgment
Participating in any challenge on U Won’t is entirely voluntary and at your own risk. Many challenges may involve physical activity, stunts, or other risks. You are solely responsible for deciding which challenges to undertake and for taking proper precautions to protect yourself. By using the Service and participating in challenges, you acknowledge and agree to the following:
- Risk Awareness: You understand the nature of the activities that may be involved in U Won’t challenges and confirm that you are in a proper state of health and mind to participate. You understand that participation in challenges can involve risks, including but not limited to physical injury, illness, mental or emotional stress, property damage, or even death, depending on the challenge. Some challenges may involve strenuous effort or hazardous conditions. You voluntarily assume all risks associated with participating in any challenge.
- No Company Supervision: You acknowledge that when you engage in a challenge, you are performing the activity of your own free will and that U Won’t, Inc. does not supervise, direct, or control how you perform the challenge. We do not provide training or equipment, nor do we verify the safety of each challenge. It is up to you to assess the situation and decide whether it is safe and prudent to proceed. All consequences of participating are borne by you.
- Consult Professionals if Needed: For certain types of challenges (especially those involving fitness, dietary changes, or other health-related activities), we strongly advise you to consult with a healthcare provider or other relevant professional before participating. Any suggestions or information on the platform (from other users or general content) is not a substitute for professional advice. You agree that you will not treat any content on U Won’t as professional advice from the Company.
- No Guarantee of Safety: We do not guarantee that challenges will be safe or free of risks. Even if a challenge does not obviously violate our rules, it could still be dangerous for you specifically (for example, due to your personal health conditions or skill level). It is your responsibility to know your limits and to refuse or withdraw from any challenge that you are not comfortable with. If at any point you feel unsafe, stop immediately.
- Release of Claims: To the maximum extent allowed by law, you release U Won’t, Inc. (and our officers, employees, agents, and affiliates) from any and all claims, demands, and damages of every kind arising out of or related to any injury, damage, or loss you may suffer by participating in a challenge or using the Service. In other words, if you get hurt or experience any harm (physical, financial, or otherwise) through your use of U Won’t, you assume full responsibility for that outcome and cannot hold us liable (see Limitation of Liability below for more on this).
We want all our users to have fun but also to stay safe and have fun with your challenges. Please use common sense: Do not attempt any challenge that could seriously harm you, break the law, or put anyone at risk. If you have any doubts about a challenge's safety or legality, do not do it. There will always be other challenges that are legal and safe to attempt.
Disclaimer of Warranties
Your use of U Won’t is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. U Won’t, Inc. disclaims all warranties and conditions of any kind, whether express, implied, or statutory, to the fullest extent permitted by law, including without limitation:
- No Warranty of Performance: We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We cannot guarantee that challenges will be completed or that Contributors will pay, nor do we guarantee any particular outcome from using the platform.
- Quality and Accuracy: We make no guarantees regarding the quality, accuracy, or reliability of any user-generated content or challenges on the platform. The content you see is primarily created by other users, and we are not responsible for any false, misleading, or defamatory content. Use your discretion and judgment when engaging with challenges or other users.
- Fitness for Purpose: We disclaim any warranty that the Service is fit for any particular purpose, or that it will meet your needs or expectations. For example, we do not warrant that you will earn any money or rewards, or that any challenge will be safe or worthwhile for you.
- No Liability for Software Issues: While we work hard to provide a secure experience, we do not warrant that the app will be free of viruses, malware, or other harmful components. You should use up-to-date antivirus and device security. Any material downloaded or obtained through the Service is done at your own discretion and risk.
- Third-Party Services: Any third-party services or content (such as Stripe for payments, or links to external websites) are outside of our control. We make no warranty regarding those services. Your interactions with third-party services are solely between you and the third party, and subject to their terms.
Important: Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, our warranties are limited to the minimum scope permitted by applicable law.
Limitation of Liability
To the fullest extent permitted by law, U Won’t, Inc. and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to damages for personal injury, pain and suffering, emotional distress, lost profits, lost data, loss of goodwill, business interruption, or any other losses or damages of any kind, arising out of or in connection with your use of (or inability to use) the Service, participation in any challenge, or any content obtained through the Service. This limitation applies regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
In plain language: U Won’t, Inc. is not responsible for any cost or harm that comes from your use of the app, beyond what we are required to be responsible for by law. This includes not being responsible if something bad happens to you because of a challenge or because another user harms you or misleads you. You use our Service at your own risk, and you assume full responsibility for any consequences.
If, notwithstanding the above, we are found liable to you for any claim arising from the Service or these Terms, our total liability to you (for all claims combined) will not exceed the amount of fees you have paid to us in the last 12 months, or one hundred US dollars (USD $100), whichever is greater. Since we generally only collect commission fees (and not direct payments from users), this means our liability is very limited. This limitation will apply even if any limited remedy fails of its essential purpose.
Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in one of those jurisdictions, the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the smallest amount permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless U Won’t, Inc., its parent, affiliates, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to: (a) your use or misuse of the Service; (b) your participation in any challenge or your interactions with other users; (c) any content you post or submit (including claims that your content infringes or misuses someone's intellectual property or privacy rights); (d) your violation of these Terms; or (e) your violation of any applicable law or regulation or any rights of another person. This indemnity includes, for example, any third-party claims of injury or damage caused by something you did in connection with using the app.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of U Won’t, Inc. Your indemnification obligations will survive any termination of your account or of these Terms.
Account Suspension and Termination
By You: You may stop using the Service and/or delete your account at any time. If you wish to delete your account, you can follow the instructions within the app or contact our support. Keep in mind that some information (like challenge records or communications with other users) might remain in our backups or logs for a period of time. Also, any content you posted may remain visible to others if it was shared or is part of another user's content (for example, comments you made on someone else's challenge might remain). The license you granted us to use your content (as described under “User Content Rights and License”) continues even after you delete your account, for content already shared or used.
By Us: We reserve the right to suspend or terminate your account or access to the Service at any time, with or without notice, for any reason. This includes (but is not limited to) situations where: you have violated these Terms or any policy; we believe you have engaged in fraudulent or illegal activity; you create risk or possible legal exposure for us; you have not accessed your account for an extended period (we may deactivate inactive accounts periodically); or for any other reason in our sole discretion (for example, if we decide to discontinue the Service).
If your account is terminated due to a violation of these Terms or misconduct, you may not create a new account without our permission. We may also ban your device, email, or phone number to enforce this. If we terminate your account, you will lose access to any data associated with it, which may include your profile info, challenge history, and any content you have submitted (though some content may persist as noted above). You agree that we are not liable to you for any termination of your account or access to the Service, including for removal of your content.
In the event of any termination: any pending payouts may be frozen or forfeited if the termination was due to your misconduct (for example, if you were banned for cheating on a challenge, we may cancel any pending payouts to you and return funds to contributors). If termination was not due to misconduct and you have legitimately earned funds, we will endeavor to pay out any remaining balance due to you, minus any offsets for damages or liabilities. Any pending contributions you made to others' challenges might be canceled and refunded to you if those challenges have not yet concluded.
Surviving Terms: The provisions of these Terms that by their nature should survive termination (such as Assumption of Risk, Limitation of Liability, Indemnification, Dispute Resolution, etc.) will continue to apply to you even after termination.
If you wish to appeal an account suspension or termination, you may contact us. However, we have no obligation to reinstate your account. Once terminated, your right to use the Service ceases immediately.
Governing Law
These Terms and your use of the Service are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. However, we acknowledge that as a consumer, you may have protections under the laws of your state of residence; nothing in this section is intended to override any minimum consumer protections required by those laws.
For users outside Delaware: Because the Service is presently only available in the U.S., and for legal clarity, you agree that federal laws of the United States and the laws of Delaware (as stated) will apply to any disputes (except where otherwise required by law). The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution and Arbitration Agreement
Please read this section carefully. It requires you to arbitrate disputes with U Won’t, Inc. and limits the manner in which you can seek relief. By using the Service, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (collectively, “Disputes”) will be resolved through binding arbitration on an individual basis, except as set forth below. This means you and the Company are waiving the right to a trial by jury and waiving the right to participate in a class action or similar proceeding.
- Arbitration Agreement: You and U Won’t, Inc. agree that any Dispute (except for the exceptions specifically stated below) shall be submitted to binding arbitration. The arbitration will be administered by a neutral arbitrator (for example, through the American Arbitration Association (AAA) or another established arbitration provider) and conducted under the applicable arbitration rules (such as the AAA Consumer Arbitration Rules) in effect at the time the claim is filed. Arbitration is typically more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. The arbitrator has the authority to grant any relief that a court could, including monetary damages and injunctive or declaratory relief, on an individual basis.
- Exceptions – Small Claims and Injunctive Relief: Notwithstanding the above, either party may choose to bring an individual claim in small claims court if the claim is within the jurisdictional limits of small claims court and the total amount in dispute is $1,000 or less, instead of proceeding to arbitration. Also, either party retains the right to seek injunctive or equitable relief in a court of law to prevent (or stop) infringement or misuse of intellectual property or confidential information. Such a request for preliminary relief will not be deemed incompatible with this arbitration agreement and can be brought in an appropriate court.
- Arbitration Procedures: If a Dispute arises and you or we elect to arbitrate it, the party seeking arbitration must send a written notice to the other party describing the claim and the requested relief. We encourage you to contact us first to attempt to resolve your concerns informally before initiating arbitration. If we need to initiate arbitration against you, we will send notice to the email or mailing address you have provided. The arbitration will be conducted by a single, neutral arbitrator in the county where you live or in another mutually agreed location (or via teleconference/videoconference if in-person hearing is not feasible). The language of arbitration will be English. Each party will be responsible for their own attorneys' fees and costs, but the filing fees and arbitrator fees will be allocated as required by the arbitration provider's rules (and the arbitrator can award fees and costs to the prevailing party where applicable law allows).
- No Class Actions: You and U Won’t, Inc. agree that any arbitration (or small claims action) will be conducted on an individual basis only, and not on a class, collective, consolidated, or representative basis. The arbitrator may not consolidate the claims of multiple parties and may not otherwise preside over any form of a representative or class proceeding. You further agree to waive any right to a jury trial. Each side waives the right to bring or participate in a class action lawsuit or class-wide arbitration.
- Arbitrator's Authority: The arbitrator will decide the rights and liabilities of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties, except as agreed by all parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitration rules, and these Terms. The arbitrator shall provide a reasoned written statement of outcome, revealing the essential findings and conclusions on which any award is based, if requested by either party. The arbitrator's decision is final and binding on you and the Company.
- Opt-Out Right: We believe arbitration is beneficial for both parties, but if you do not wish to be bound by this arbitration agreement, you have the right to opt out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to our contact address listed below within 30 days of first accepting these Terms. The opt-out notice must clearly state that you do not agree to arbitrate disputes with U Won’t and include your name, address, the email associated with your U Won’t account, and your signature. If you opt out of arbitration, neither you nor U Won’t can require the other to participate in an arbitration proceeding for the covered disputes. (If you have previously agreed to an arbitration clause and have not validly opted out, your prior acceptance will remain binding.)
- Governing Law for Arbitration: This arbitration agreement is governed by the Federal Arbitration Act (FAA) and federal arbitration law. The arbitrator will apply applicable statutes of limitations and claims of privilege recognized at law.
- Severability: If any portion of this arbitration clause (other than the class action waiver in paragraph 4 above) is found unenforceable, that portion shall be severed and the remaining provisions shall remain in full force and effect. If the class action waiver is found unenforceable, however, the entire arbitration clause shall be null and void, and the dispute may be brought in court.
By agreeing to these Terms, you explicitly acknowledge that you have read and understand this arbitration provision, and that you knowingly and voluntarily agree to binding arbitration and the waiver of class actions and jury trials contained herein.
Changes to These Terms
U Won’t, Inc. may update or modify these Terms from time to time. When we make changes, we will post the updated Terms within the app and update the “Last Updated” date at the top (if provided). In some cases, we may also notify you via email or in-app notification of significant changes. It is your responsibility to review these Terms periodically.
If you continue to use the Service after updated Terms take effect, you are indicating your acceptance of the new Terms. If you do not agree to the modified Terms, you should stop using the Service and, if applicable, delete your account. No amendment or modification of these Terms will apply to any dispute between you and us that arose prior to the effective date of the amendment, unless both parties agree otherwise in writing.