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 the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Contact: info@runconqr.com

1. Eligibility and intended audience

1.1 Intended for adults

The Service is designed and marketed for users who are 18 years of age or older.

1.2 Minimum age

You must be at least 13 years old to use the Service. If you are under 18, your parent or legal guardian must review and agree to these Terms on your behalf, and you represent that they have done so.

1.3 Safety restrictions for minors

If we know or reasonably believe you are under 18, we may apply additional safety and privacy restrictions by default, including limits on public identity, leaderboards, and the ability to create guilds or host events. COPPA Notice: If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information promptly.

2. Use of the Service and safety

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

You agree to:

  • Use the Service only for lawful purposes
  • Comply with applicable laws and rules related to physical activity, traffic, pedestrian and cycling safety, trespass, and location tracking
  • Remain aware of your surroundings and avoid hazards while using the Service
  • Take full responsibility for your health and safety when using the Service

3. Accounts and security

3.1 Account information

You must provide accurate, current information when creating an account and keep it updated.

3.2 Account security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of unauthorized use at info@runconqr.com.

3.3 One account per user

You may maintain only one account. Creating or using multiple accounts to manipulate gameplay, territory, rankings, or rewards is prohibited.

3.4 Enforcement

We may suspend or terminate accounts that violate these Terms or the Policies listed in Section 4.

4. Additional Policies

4.1 Policies

Your use of the Service is also governed by the following policies and notices (collectively, the "Policies"):

The Policies are incorporated into these Terms by reference and are binding. You agree to comply with the Policies. Violations of the Community Policy are violations of these Terms.

4.2 Conflicts

If there is a conflict between these Terms and a Policy, these Terms control unless the Policy states otherwise for a specific legal notice requirement.

5. Community features, guilds, and user-hosted events

5.1 Community features

The Service may include community features such as guilds, reactions, celebrations, posts, announcements, and events. Your use of these features is subject to the Community Policy.

5.2 Guild administration and self-moderation

Guilds may be created and managed by users. Guild owners may have tools to approve members, remove members, and restrict participation within their guild, including banning a user from the guild space. CONQR does not control guild owner decisions and is not responsible for actions taken by guild owners.

CONQR may intervene, remove content, restrict guild features, or take enforcement action at any time under these Terms and the Policies.

5.3 No screening; Neutral Platform

CONQR does not screen, verify, or background-check users, guild owners, or event organizers. CONQR is a neutral platform that provides tools for users to organize and discover community activities; we are not a party to any arrangements between users. Use caution when interacting with others and when attending user-hosted events.

5.4 User-hosted events

Events may be created and hosted by users. CONQR does not supervise, verify, endorse, or control user-hosted events, organizers, venues, permits, route safety, or participant screening. If you organize an event: You are solely responsible for ensuring the safety and legality of the event, obtaining necessary permits, and ensuring the route is safe. You agree to indemnify CONQR for any claims arising from your event (see Section 16).

6. User Content and in-app creations

6.1 User Content definition

User Content includes any content you create, submit, post, transmit, or generate through the Service, including:

  • Display names, usernames, profile details
  • Crests, territory designs, names, themes, and other in-app creations
  • Guild content such as posts, announcements, event listings, RSVPs, reactions, and messages where available

6.2 Content standards

You agree not to create or share User Content that violates the Community Policy, including content that is hateful, harassing, threatening, sexually explicit, illegal, or otherwise objectionable. This includes arranging standard shapes, symbols, or vectors to form offensive symbols.

6.3 License to CONQR

You grant CONQR a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, display, perform, distribute, and otherwise use your User Content (including your crests, designs, and guild themes) to operate, improve, and provide the Service, and for marketing, promotional, and commercial purposes related to the Service.

6.4 Moderation and removal

We may remove, limit, or disable access to User Content, and may reset or modify in-app creations, at our discretion, with or without notice.

6.5 Your responsibility for User Content

You represent and warrant that you have all rights necessary to grant the license above and that your User Content and conduct comply with law, these Terms, and the Policies.

7. Subscriptions, Virtual Items, and Purchases

7.1 Virtual Items

The Service may offer virtual currencies and items such as coins, gems, XP, boosts, and other digital content (collectively, "Virtual Items"). Virtual Items have no real-world monetary value, are not legal tender, and are not redeemable for money. You do not own Virtual Items; they are a limited, revocable license to use digital features.

7.2 CONQR Pro Subscription

We may offer a recurring subscription service ("CONQR Pro") that provides access to premium features, such as advanced analytics, device integrations, monthly Virtual Item grants, and exclusive offers for physical merchandise.

Billing and Auto-Renewal: CONQR Pro fees are charged to your Apple App Store or Google Play account. Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.

Cancellation: You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

Changes to Pricing: We may change the price of CONQR Pro with at least 30 days notice. Price changes will take effect at the start of the next subscription period following the date of the price change.

7.3 Subscription Benefits and Availability

The specific benefits of CONQR Pro (e.g., amount of monthly gems, specific analytics features, or merchandise discounts) may change over time.

Digital Features: We do not guarantee that specific third-party integrations (e.g., Garmin, Strava) will remain available indefinitely, as they depend on third-party APIs.

Merchandise Discounts: Discounts on physical merchandise are subject to inventory availability, shipping restrictions, and our e-commerce partner’s terms. We do not guarantee the availability of any specific physical item.

7.4 Purchases through Platform Providers

All subscriptions and Virtual Item purchases are processed by third-party platform providers (Apple App Store or Google Play). Billing, tax, and refund requests are governed entirely by the Platform Provider’s terms of service. CONQR does not have the ability to process refunds for purchases made through App Stores.

7.5 Revocation and Fraud

We reserve the right to revoke Virtual Items or cancel your CONQR Pro subscription without refund if we determine that you have obtained them through fraud, abuse, cheating, or in violation of these Terms.

8. Fitness, safety, and assumption of risk

8.1 Assumption of Risk and Waiver

You voluntarily assume all risks associated with your use of the Service and your participation in any physical activity, events, or interactions related to the Service. This includes risks of:

  • Physical injury, illness, or death
  • Traffic accidents, falls, or hazards on public or private property
  • Interactions with other users or strangers
  • Weather conditions and terrain

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND DISCHARGE CONQR FROM ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE ARISING OUT OF YOUR PHYSICAL ACTIVITY OR PARTICIPATION IN EVENTS RELATED TO THE SERVICE, AND YOU AGREE NOT TO SUE CONQR FOR ANY CLAIMS, INJURIES, OR DAMAGES ASSOCIATED WITH SUCH ACTIVITIES.

8.2 Distracted gameplay

Do not interact with the screen, map, or menus while running, biking, driving, or operating any vehicle. Stop moving before interacting with the app.

8.3 Real-world hazards

Maps and territory zones are virtual overlays and do not guarantee safety, legality, or accessibility of any real-world location. CONQR does not verify if a location is safe or publicly accessible. You must use your own judgment. Do not enter dangerous areas, construction zones, restricted zones, or private property to pursue gameplay.

8.4 Medical disclaimer

CONQR is not a medical service and does not provide medical advice. Consult a physician before beginning a new fitness program.

9. Location features and discovery

9.1 Location use

The Service uses device location to track activities and enable gameplay and verification.

9.2 Visibility

Certain gameplay information may be visible to others, such as crests, guild membership, and game statistics. Public identity and visibility settings may be restricted for safety, including for users under 18.

9.3 Approximate location and discovery

The Service may offer location-based discovery features, including local or hyperlocal groupings. These features use approximate methods and are not a guarantee of anonymity or privacy. Do not use location-based features to identify, track, or attempt to contact others outside the Service.

9.4 Obfuscation

To mitigate stalking risks, we may use safety measures such as delayed visibility and map fuzzing. Despite these measures, some game-relevant information, such as held territory, may be visible. You bear the risk of sharing location through the Service.

10. AI features disclaimer

The Service may include AI-powered features that provide coaching, summaries, insights, or suggestions. AI outputs may be incorrect, incomplete, or inappropriate for your circumstances. AI outputs are provided for informational and entertainment purposes and are not medical, health, legal, or professional advice. Do not rely on AI outputs as a substitute for professional guidance or your own judgment.

11. Prohibited conduct

You agree not to:

  • Cheat by using GPS spoofing, emulators, automation software, bots, or fabricated activity data
  • Operate multiple accounts or share accounts to gain advantage
  • Collude to manipulate rankings, leagues, or territory, including win-trading
  • Harass, threaten, stalk, dox, intimidate, or discriminate against others
  • Attempt to reverse engineer, access private APIs, scrape, or disrupt the Service
  • Use the Service to violate law or encourage unsafe activity

We may permanently ban accounts suspected of cheating or severe misconduct.

12. Intellectual property

All trademarks, branding, software, visual assets, and game systems are owned by Swank Labs LLC or its licensors. You may not copy, modify, distribute, sell, lease, or reverse engineer the Service except where explicitly permitted by law or by the Service’s features.

13. Third-party services and links

The Service may integrate with third-party services (such as mapping providers, wearable APIs, subscription management tools, analytics, and Platform Providers) and may contain links to third-party websites or resources posted by users. CONQR does not control, endorse, or assume responsibility for any third-party services or linked websites. You acknowledge that you access third-party links at your own risk and that CONQR is not liable for any loss or damage arising from your use of them.

14. Disclaimer of warranties

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. CONQR IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE UNDER 47 U.S.C. § 230 AND IS NOT THE PUBLISHER OR SPEAKER OF USER CONTENT.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • CONQR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • CONQR WILL NOT BE LIABLE FOR DAMAGES ARISING FROM INJURY, ACCIDENTS, PROPERTY DAMAGE, LOST DATA, LOST PROFITS, OR SERVICE INTERRUPTIONS
  • CONQR WILL NOT BE LIABLE FOR USER-TO-USER CONDUCT OR USER-HOSTED EVENTS
  • CONQR’S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CONQR IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow certain limitations, so these may not apply to you.

16. Indemnification

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

  • Your use of the Service
  • Your breach of these Terms or the Policies
  • Your User Content
  • Your conduct or interactions with other users, including at user-hosted events or through community features
  • If you organize an event: Any claims arising out of injury, property damage, or violations of law occurring at an event you hosted or organized.

17. Modifications to the Service

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

18. Changes to Terms and Policies

We may update these Terms or the Policies from time to time. Continued use of the Service after the effective date of an update constitutes acceptance. Material changes will be communicated in-app or via email as required.

19. Termination

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

Effect of termination Upon termination, your right to use the Service ends immediately. You forfeit access to accumulated Virtual Items, currency, territory control, and game progress. No refunds are provided for forfeited Virtual Items except where required by law or Platform Provider policy.

20. Dispute resolution and arbitration

20.1 Informal resolution

Before initiating arbitration, you agree to contact us at info@runconqr.com with a brief description of the dispute and your contact information. We will attempt to resolve the dispute informally.

20.2 Binding arbitration

If a dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be determined by binding arbitration before a single arbitrator administered by JAMS under its applicable rules. The arbitration will take place via remote video conference, or in King County, Washington, if both parties agree.

20.3 Class action waiver

YOU AND CONQR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

20.4 Exceptions

Either party may bring an individual claim in small claims court if eligible. Either party may seek injunctive or equitable relief to protect intellectual property rights or to prevent unauthorized access or abuse of the Service.

20.5 Thirty-Day Right to Opt Out

You have the right to opt out of the arbitration and class-action waiver provisions by sending written notice to info@runconqr.com within 30 days of creating your account. The notice must include your name, email address associated with your account, and a statement that you wish to opt out of arbitration. If you opt out, CONQR also will not be bound by the arbitration provisions with respect to you.

21. Governing law

These Terms are governed by the laws of the State of Washington, excluding conflict of law rules, except that arbitration is governed by the Federal Arbitration Act.

22. Electronic communications

By using the Service, you consent to receive communications from us electronically, including notices and policy updates, via the Service, email, or other reasonable means.

23. Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

24. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

25. Entire agreement

These Terms, together with the Policies, are the entire agreement between you and CONQR regarding the Service and supersede prior agreements.

26. Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

27. Force Majeure

CONQR is not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

28. Contact Us

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