Terms of Use

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These Terms of Use (“Terms”) are a binding agreement between you and NEMA LOYALTY LLC, doing business as Cheer My Run (“Cheer My Run”, “we”, “us”, “our”). They govern your use of the Cheer My Run mobile application, our websites at cheermyrun.com and live.cheermyrun.com, and related services (together, the “Service”).

Please read them. By creating an account, subscribing, or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Acceptance of these Terms

You accept these Terms when you tap “Continue” at sign-in, when you download or use the app, or when you open a runner’s share link as a supporter. If you use the Service on behalf of someone else, you confirm that you are allowed to bind them.

If you downloaded the app from the Apple App Store, Apple’s Licensed Application End User License Agreement also applies; where it conflicts with these Terms, these Terms prevail to the extent permitted.

Who may use the Service

You must be at least 13 years old, or 16 where the law of your country requires it, to create an account. If you are under 18 you must have your parent’s or guardian’s permission, and they must accept these Terms on your behalf. Supporters of any age may send cheers through a runner’s link with the consent of the person responsible for them.

You may not use the Service if you are barred from doing so under the laws of your country or if we have previously suspended your account.

What the Service does

Cheer My Run lets runners track a run or race with their phone, share a link or race code so that friends and family can follow their live position, and hear voice, text and emoji cheers from those supporters in their headphones while they run. Supporters can send cheers in advance, timed to a point on the course, or live. Runners can save cheers and replay them.

Some features are free. Live tracking, cheers and other premium features require an active subscription (“Premium”). We describe what is included at the point of purchase.

The Service depends on your device, GPS accuracy, mobile connectivity and third-party services. It may be unavailable or inaccurate at times, particularly in tunnels, dense cities or crowded race courses. We work to keep it reliable but do not promise uninterrupted operation.

Your account

You sign in with Apple, Google or a phone verification code. You are responsible for keeping your device and sign-in method secure and for everything that happens under your account. Tell us immediately at the address below if you suspect unauthorised use.

Give us accurate information and keep it up to date. Do not impersonate anyone or use a name you are not entitled to use. We may reclaim usernames that infringe others’ rights or that mislead.

You can delete your account at any time from Settings; see the Privacy Policy for what happens to your data.

Subscriptions, prices and payment

Purchasing. Premium is sold as an auto-renewing subscription through the Apple App Store or Google Play. The store, not Cheer My Run, processes your payment under its own terms. We never see your card details.

Plans and prices. The available plans (for example weekly, monthly or yearly), their prices and any introductory or promotional price are shown in the app before you confirm. Prices are set per store country and may include tax. Prices may change; a change applies to you from your next renewal only after the store has notified you, and you may cancel before it takes effect.

Automatic renewal. Your subscription renews automatically at the end of each period at the then-current price for your plan unless you cancel at least 24 hours before the end of the current period. Your store account is charged for the renewal within 24 hours before the period ends.

How to cancel. Cancel in your Apple or Google account settings, not by deleting the app or your Cheer My Run account. Step-by-step instructions are on our Manage subscription page. Cancellation takes effect at the end of the paid period and you keep Premium until then.

Refunds. Because the store processes payment, refund requests are decided by Apple or Google under their policies. Apple users can request one at reportaproblem.apple.com; Google Play users through the Play refund page. We will help where we can, but we cannot issue refunds for store purchases ourselves. Where mandatory consumer law gives you a right to a refund, nothing in these Terms limits it.

Free trials. If a plan includes a free trial, it converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before. One trial per person.

Restoring purchases. Your subscription is tied to your Apple ID or Google account. Use “Restore purchases” in the app to restore it on a new device signed in to the same store account.

Legacy and creator access. Access granted through a creator or partner code is governed by the conditions stated with that code and may be limited in time.

Promotional offers and codes

From time to time we may offer discounted prices, offer codes or promotional periods, including by email. Unless the offer says otherwise: an offer is available for a limited time and while it lasts; one redemption per person and per store account; offers are for new or returning subscribers and cannot be combined; the discounted price applies for the period stated, after which the subscription renews at the standard price for that plan unless you cancel; offers have no cash value and cannot be transferred or resold. We may withdraw or correct an offer at any time, including where it was published in error, but any subscription you have already started keeps its price for the period you paid for.

Apple offer codes are redeemed in the App Store and are subject to Apple’s terms; Google Play promo codes are subject to Google’s terms.

Acceptable use

You agree not to:

  • send cheers or other content that is abusive, threatening, harassing, hateful, sexually explicit, deceptive, or that infringes anyone’s rights;
  • record or send another person’s voice or likeness without their permission;
  • use the Service to track someone without their knowledge or consent, or share a runner’s link with people they would not want to have it;
  • misuse race codes, guess codes, or access another runner’s run without an invitation;
  • interfere with, overload, reverse engineer, scrape or circumvent any part of the Service or its security;
  • use automated tools to create accounts or send content;
  • use the Service for any unlawful purpose or in a way that damages our reputation.

We may remove content and suspend or close accounts that break these rules, and we may report unlawful behaviour to the authorities.

Cheers and other content you provide

You own the content you create: your voice cheers, text, profile photo and race names. You give us a worldwide, non-exclusive, royalty-free licence to store, reproduce, transcribe, translate, adapt for playback, and transmit that content, solely to operate and improve the Service, for as long as it remains in the Service. This includes playing a supporter’s cheer to the runner, showing it to other supporters following the same run, and producing transcripts and translations.

You confirm that you have the right to send everything you send, including the consent of anyone whose voice appears in a cheer. Runners choose who receives their share link and are responsible for that choice.

We do not use your cheers, voice or location history to train artificial intelligence models, and we do not sell them.

If you send us ideas or feedback, we may use them without obligation to you.

Running safety and health notice

Cheer My Run is a companion for your runs. It is not a safety device, a navigation tool or a medical or fitness service, and live tracking is not a substitute for telling someone where you are going or for emergency services. Distances, pace and locations shown are estimates that depend on your device and GPS conditions.

Running carries risks. Consult a doctor before starting or intensifying training, obey traffic laws, stay aware of your surroundings, and keep the volume of cheers and music at a level that lets you hear what is around you. You take part in runs and races at your own risk.

Our intellectual property

The Service, including its software, design, logos, the Cheer My Run name and all content we create, is owned by us or our licensors and protected by intellectual property laws. We grant you a personal, limited, non-transferable, revocable licence to use the app on devices you own or control, for your own non-commercial use, in accordance with these Terms. You may not copy, modify, distribute, sell or lease any part of the Service.

If you believe content in the Service infringes your copyright, send a notice with the details required by the U.S. Digital Millennium Copyright Act to the address below.

Third-party services and app stores

The Service uses maps, weather, sign-in, payment and other services provided by third parties, and links to third-party websites. We are not responsible for their content or practices.

Apple. These Terms are between you and Cheer My Run, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for addressing any claim relating to it, including product liability, legal compliance or intellectual property claims. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any; to the maximum extent permitted by law Apple has no other warranty obligation. You represent that you are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google. If you downloaded the app from Google Play, Google’s terms of service and the Google Play terms also apply to your download.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR THAT LOCATION, DISTANCE OR TIMING DATA WILL BE ACCURATE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. If you are a consumer in the European Union, the United Kingdom, Australia or another country with mandatory consumer protection laws, you keep every right those laws give you.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEER MY RUN, ITS AFFILIATES, OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD OR ONE HUNDRED US DOLLARS (USD 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer protection rules.

Indemnity

To the extent permitted by law, you agree to defend and hold harmless Cheer My Run and its affiliates from claims, damages and reasonable costs arising from content you send through the Service, your misuse of the Service, or your breach of these Terms. This does not apply to consumers where the law does not allow it.

Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service; where practical we will give you reasonable notice and, if you have paid for a period we can no longer provide, a pro-rated refund through the store. Sections that by their nature should survive termination (content licence for content already sent to others, disclaimers, limitation of liability, governing law) survive.

Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction.

If you are a consumer resident in the European Union, the United Kingdom, Brazil or another country whose law gives you the right to sue and be sued in your home courts and to the protection of its mandatory rules, those rights are not affected. EU consumers may also use the European Commission’s online dispute resolution platform.

Before starting any formal proceeding, please write to support@cheermyrun.com. Most problems are solved in a few emails.

Changes to these Terms

We may update these Terms as the Service or the law changes. The date at the top shows the latest version. For material changes we will notify you in the app or by email at least 14 days before they take effect, unless a shorter period is required by law or for security. If you do not agree, cancel your subscription and stop using the Service before the change applies; continued use after that date means you accept the new Terms.

If any part of these Terms is found unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any offer conditions, are the entire agreement between you and us about the Service.

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