EarnYourEars Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the EarnYourEars mobile application (the "App") and websites located at earnyourears.com and earnyourears.app (collectively, the "Service"), operated by EarnYourEars LLC ("we," "our," or "us").

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

1. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 17 years of age, you must have the consent of a parent or legal guardian to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information (including your name, email address, and password)
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately at support@earnyourears.app if you suspect unauthorized access to your account

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that we reasonably believe have been compromised.

3. The Service

3.1 Description

EarnYourEars is a race day and training companion application designed for runners participating in themed running events. The Service provides features including real-time GPS pace tracking, training plans, workout logging, achievement tracking, and event information.

3.2 Not Affiliated with Disney

3.3 GPS and Location Services

Certain features of the Service (including run tracking and race day pace monitoring) require access to your device's GPS and location services, including background location access during active run sessions. You may disable location access at any time through your device settings, but doing so will prevent these features from functioning.

3.4 Fitness and Health Disclaimer

3.5 Pace and Distance Accuracy

GPS-based pace and distance measurements are approximations and may be affected by factors including device hardware, satellite availability, signal obstructions (buildings, tunnels, tree cover), atmospheric conditions, and device settings. We do not guarantee the accuracy of any pace, distance, speed, or location data provided by the Service. You should not rely solely on the Service for safety-critical decisions during running events.

4. Subscriptions and Payments

4.1 Free and Premium Tiers

The Service offers both free and premium (paid) features. Access to premium features requires an active subscription. We reserve the right to change which features are included in free and premium tiers at any time.

4.2 Subscription Terms

When you purchase a subscription through the App:

• Payment is charged to your Apple App Store or Google Play Store account at the time of purchase
• Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the applicable subscription rate
• You can manage and cancel your subscription through your Apple App Store or Google Play Store account settings

4.3 Free Trials

We may offer free trial periods for premium features. If you do not cancel before the end of the free trial period, your subscription will automatically begin and you will be charged the applicable subscription fee. Any unused portion of a free trial is forfeited when you purchase a subscription.

4.4 Promotional Offers

We may offer promotional pricing, lifetime access, or discounted rates to certain users (such as beta testers or founding members). These offers are subject to specific terms communicated at the time of the offer and may not be combined with other promotions. Promotional pricing is non-transferable.

4.5 Refunds

Subscription purchases made through the Apple App Store or Google Play Store are subject to the refund policies of the respective platform. We do not directly process refunds for in-app purchases. If you believe you are entitled to a refund, please contact Apple or Google support, or reach out to us at support@earnyourears.app and we will assist you.

4.6 Price Changes

We reserve the right to change subscription pricing at any time. Price changes will not affect your current billing period. You will be notified of any price increase before your next renewal, and you may cancel your subscription before the new price takes effect.

5. User Content

5.1 Your Content

You retain ownership of any content you create or upload through the Service, including profile photos, run data, and any future user-generated content. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service.

5.2 Acceptable Use

When using the Service, you agree not to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use the Service to send spam, unsolicited messages, or promotions
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems
• Use automated scripts, bots, or scrapers to access or interact with the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service in any way that violates any applicable local, state, national, or international law
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Upload or transmit viruses, malware, or any other malicious code
• Circumvent, disable, or otherwise interfere with security features of the Service

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we find objectionable, without prior notice. We are not obligated to monitor user content but may do so at our discretion.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its design, features, functionality, code, graphics, logos, icons, and content created by us, is owned by EarnYourEars LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. The EarnYourEars name, logo, and related branding are trademarks of EarnYourEars LLC.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms. This license does not include the right to:

• Modify, copy, or distribute the Service or its content
• Use the Service for any commercial purpose without our written consent
• Remove or alter any copyright, trademark, or other proprietary notices
• Create derivative works based on the Service

6.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (whether through the App, email, Discord, or any other channel), you grant us the right to use, implement, and incorporate that feedback without any obligation to you, including no obligation for compensation or credit.

7. Third-Party Services and Content

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or availability of any third-party services. Your use of third-party services is at your own risk and subject to those services' terms and policies.

The Service uses third-party infrastructure including Supabase (backend and authentication), Expo (app updates), and may in the future use RevenueCat (subscription management), Stripe (payment processing), and other services. Your use of the Service is also subject to the terms and conditions of these third-party providers where applicable.

8. Disclaimers

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of any pace, distance, speed, location, or fitness data provided by the Service
• Warranties that the Service will meet your specific requirements or expectations

You acknowledge that GPS-based tracking is subject to inherent limitations and environmental factors, and that pace and distance calculations are approximations. You assume all risk associated with your use of fitness data provided by the Service.

9. Limitation of Liability

To the maximum extent permitted by applicable law, EarnYourEars LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or goodwill
• Personal injury or property damage resulting from your use of the Service
• Unauthorized access to or alteration of your data
• Any errors, inaccuracies, or omissions in pace, distance, or fitness data
• Any interruption or cessation of the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

In no event shall our total liability to you for all claims arising from or related to the Service exceed the amount you have paid us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless EarnYourEars LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you submit, post, or transmit through the Service

11. Account Termination

11.1 Termination by You

You may delete your account at any time by contacting us at support@earnyourears.app or through the account settings in the App. Upon deletion, your personal data will be removed in accordance with our Privacy Policy. Active subscriptions should be cancelled through your Apple App Store or Google Play Store account settings before deleting your account.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service immediately ceases.

11.3 Effect of Termination

Upon termination of your account, we may delete your data in accordance with our Privacy Policy. Sections 6, 8, 9, 10, 12, and 13 of these Terms shall survive termination.

12. Dispute Resolution

12.1 Governing Law

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

12.2 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at support@earnyourears.app and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved quickly and to your satisfaction through direct communication.

12.3 Arbitration Agreement

If we cannot resolve a dispute informally, you and EarnYourEars LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

12.4 Class Action Waiver

You and EarnYourEars LLC agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, then this entire arbitration agreement shall be null and void.

13. General Provisions

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you via email or in-app notification. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EarnYourEars LLC regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

13.3 Severability

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

13.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

13.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, or pandemics.

14. Apple and Google App Store Terms

14.1 Apple App Store

If you download or use the App through the Apple App Store, you acknowledge and agree that:

• These Terms are between you and EarnYourEars LLC, not with Apple Inc. ("Apple")
• Apple has no obligation to furnish any maintenance or support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App
• Apple is not responsible for addressing any claims by you or any third party relating to the App
• In the event of any third-party claim that the App infringes that third party's intellectual property rights, EarnYourEars LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you as a third-party beneficiary
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties

14.2 Google Play Store

If you download or use the App through Google Play, your use is also subject to the Google Play Terms of Service. In the event of any conflict between these Terms and the Google Play Terms of Service regarding the App, these Terms shall prevail.

15. Contact Us

If you have questions or concerns about these Terms, please contact us: