Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and ShowUp Inc. ("ShowUp," "we," "our," or "us"). By accessing or using the ShowUp Service (the "Service"), you agree to comply with and be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

Eligibility: You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you are at least 16 years of age. If you are under 18, you represent that you have reviewed these Terms with your parent or legal guardian and they agree to these Terms on your behalf.

2. Description of Service

ShowUp is a habit-tracking and accountability platform that helps users build consistent habits through:

• Daily check-ins and progress tracking
• Streak monitoring and gamification (XP, levels, badges)
• Social features including partnerships, leaderboards, and community feeds
• Reviews and ratings system for accountability partners
• Achievement and milestone tracking
• Content sharing and social interactions

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• Valid email address
• Username
• Password
• Optional: phone number, profile information, social media connections

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Providing false information may result in account termination.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

ShowUp will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.4 One Account Per Person

You may only create one account. Creating multiple accounts to manipulate rankings, reviews, or other features is prohibited and may result in termination of all your accounts.

4. Acceptable Use

4.1 Permitted Uses

You may use the Service to:

• Track your personal habits and progress
• Connect with other users for accountability and support
• Participate in community features (leaderboards, feeds, challenges)
• Share appropriate content and experiences
• Provide honest reviews and feedback

4.2 Prohibited Conduct

You agree NOT to:

• Harass or Bully: Engage in harassment, bullying, intimidation, or threatening behavior toward other users
• Hate Speech: Post content containing hate speech, discrimination, or bigotry based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Spam or Manipulation: Send spam, engage in vote manipulation, artificially inflate metrics, or manipulate leaderboards or rankings
• Impersonation: Impersonate another person, falsely claim affiliation with any person or organization, or create fake accounts
• Inappropriate Content: Post sexually explicit content, graphic violence, illegal content, or content promoting self-harm or eating disorders
• Intellectual Property Violation: Post content that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights
• Privacy Violation: Share others' private information without consent
• Illegal Activity: Use the Service for any illegal purpose or in violation of any laws
• System Interference: Attempt to access, tamper with, or use non-public areas of the Service; interfere with or disrupt the Service or servers
• Automated Access: Use bots, scripts, or automated means to access the Service (except for approved accessibility tools)
• Commercial Use: Use the Service for unauthorized commercial purposes or to promote competing services without permission
• Data Scraping: Scrape, crawl, or extract data from the Service using automated means
• False Information: Deliberately provide false check-in information or fake progress to deceive other users

5. User Content

5.1 Your Content

You retain ownership of any content you post, upload, or share through the Service ("User Content"), including check-ins, photos, reviews, comments, and messages.

5.2 License to ShowUp

By posting User Content, you grant ShowUp a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating and providing the Service.

This license continues even if you stop using the Service, but you may delete your content at any time (subject to technical limitations and backups).

5.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to post the User Content
• Your User Content does not violate these Terms or any applicable laws
• Your User Content does not infringe on the rights of any third party

5.4 Content Moderation

We reserve the right (but not the obligation) to:

• Monitor, review, and moderate User Content
• Remove or refuse to display any User Content that violates these Terms
• Use AI-powered moderation tools to detect inappropriate content
• Suspend or terminate accounts that repeatedly violate our content policies

We use automated content moderation powered by AI to detect and remove prohibited content. If you believe your content was incorrectly removed, you may appeal by contacting us at showupcompetition@gmail.com.

5.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to ShowUp about the Service may be used by ShowUp without any obligation to you.

6. Premium Features and Monetization

6.1 Free and Premium Tiers

ShowUp offers both free and premium subscription features. Premium features may include:

• Advanced analytics and insights
• Unlimited partnerships
• Custom badges and themes
• Priority support
• Ad-free experience
• Exclusive content and features

Features and pricing are subject to change. We will notify users of material changes to subscription terms.

6.2 Advertising

The free version of ShowUp is ad-supported. By using the free Service, you agree that we may display advertisements. You can remove ads by upgrading to a premium subscription.

6.3 Future Payment Processing

When payment features are implemented, separate payment terms will govern all transactions. All fees are non-refundable except as required by law or as otherwise specified in our refund policy.

7. Intellectual Property Rights

7.1 ShowUp's Intellectual Property

The Service, including its software, design, graphics, text, logos, and other content (excluding User Content), is owned by ShowUp and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

7.2 Trademarks

ShowUp, the ShowUp logo, and other ShowUp marks are trademarks of ShowUp Inc. You may not use these trademarks without our prior written permission.

7.3 Copyright Infringement

We respect intellectual property rights. If you believe content on ShowUp infringes your copyright, please contact us at showupcompetition@gmail.com with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

8. Reviews and Ratings

The Service allows users to review and rate accountability partners. When providing reviews:

• Be honest and fair in your assessments
• Base reviews on your actual experience
• Do not post fake, fraudulent, or malicious reviews
• Avoid conflicts of interest (e.g., reviewing yourself through alternate accounts)
• Respect privacy—do not disclose personal information in reviews

We reserve the right to remove reviews that violate these guidelines or appear to be fraudulent.

9. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your information. By using the Service, you agree to our Privacy Policy.

Key privacy points:

• We collect information you provide and information about how you use the Service
• We use this information to operate, improve, and personalize the Service
• We share information with service providers and as required by law
• You have rights to access, correct, and delete your information

For full details, please review our Privacy Policy.

11. Indemnification

You agree to indemnify, defend, and hold harmless ShowUp, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the account settings
• Contacting us at showupcompetition@gmail.com

12.2 Termination by ShowUp

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if:

• You violate these Terms
• You engage in prohibited conduct
• Your account has been inactive for an extended period
• We are required to do so by law
• Continuing to provide the Service to you could harm ShowUp or other users

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your User Content and account data (subject to legal retention requirements)
• Certain provisions of these Terms (including disclaimers, limitations of liability, and dispute resolution) survive termination

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Informal Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at showupcompetition@gmail.com. We'll try to resolve the dispute informally by contacting you via email.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, you and ShowUp agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in San Diego County, California, or another mutually agreed location.

13.4 Exceptions to Arbitration

Either party may bring a lawsuit in court for:

• Intellectual property disputes
• Small claims court matters (if the claim qualifies)
• Injunctive or equitable relief to prevent unauthorized use of the Service

13.5 Class Action Waiver

YOU AND SHOWUP 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.

13.6 Jurisdiction

If the arbitration agreement is found to be unenforceable or if you opt out of arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in San Diego County, California.

14. Changes to Terms

We may modify these Terms from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the Service, via email, or other reasonable means
• Provide you an opportunity to review the changes before they take effect

Material changes will take effect 30 days after notice is provided. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShowUp regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. ShowUp may assign these Terms or any rights hereunder without your consent.

15.5 Force Majeure

ShowUp shall not be liable for any failure to perform its obligations where such failure results from causes beyond ShowUp's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, or government restrictions.

15.6 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

15.7 Electronic Communications

By using the Service, you consent to receive electronic communications from ShowUp. These communications may include notices about your account and information concerning or related to the Service.

15.8 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Content Moderation Details

To maintain a safe, positive, and supportive community, ShowUp employs the following content moderation practices:

16.1 AI-Powered Moderation

• We use artificial intelligence and machine learning tools to automatically detect potentially inappropriate content
• These systems scan for harassment, hate speech, spam, explicit content, and other violations
• Flagged content may be automatically removed or held for human review

16.2 Human Review

• Our moderation team reviews flagged content and user reports
• Moderators make final decisions on content removal and account actions
• We strive to review reports within 24-48 hours

16.3 User Reporting

• Users can report content or behavior that violates these Terms
• Reports are reviewed by our moderation team
• False or abusive reporting may result in penalties

16.4 Enforcement Actions

Depending on the severity and frequency of violations, we may take the following actions:

• Warning: First-time or minor violations may receive a warning
• Content Removal: Violating content will be removed
• Temporary Suspension: Repeat or serious violations may result in temporary account suspension (1-30 days)
• Permanent Ban: Severe or repeated violations may result in permanent account termination

16.5 Appeals

If you believe content was incorrectly removed or your account was unfairly penalized, you may appeal by contacting us at showupcompetition@gmail.com within 30 days. Include:

• Your username and account details
• The content or action you're appealing
• Explanation of why you believe the action was incorrect

We will review appeals and respond within 7-14 business days.

18. Acknowledgment

BY USING THE SHOWUP SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.