1. Who we are and what these terms cover

ToniChallenge (the “service”), available at tonichallenge.com, is run by Jarno Baumgartner, a private individual based in Switzerland (“we”, “us”, “our”). You can reach us at [CONTACT EMAIL].

These Terms of Use are the agreement between you and us about using ToniChallenge. You accept them when you tick the box at sign-up. If you don’t agree, please don’t use ToniChallenge.

Our Privacy Policy explains how we handle your personal data. It is a separate document, and we recommend you read it too.

2. Who can use ToniChallenge

• You must be at least 18 years old and able to enter into a binding agreement.
• One personal account per person. Don’t share your account or hand it to someone else.
• You may not use ToniChallenge if we have suspended or closed your account before, unless we agree.

We don’t check ages; we rely on your confirmation. If we learn that a user is under 18, we will close the account.

3. What ToniChallenge is

• Anyone with an account can create a private competition, pick a ready-made challenge pack (for example Friends or Colleagues) and add their own challenges.
• Competitions are invite-only. People join through a private invite link that the admin shares. There is no public list of competitions and no public profiles.
• Members complete challenges, can add a proof photo and a comment, and collect points on a leaderboard.
• Points are just for fun. They have no money value, and we don’t hand out prizes. If a group decides to play for a prize, that is a private arrangement within the group, not with us.
• The service is free. We don’t sell anything and don’t show ads. If we introduce paid features, tips or sponsored challenges later, we will update these terms first (see section 15).

4. Your account

• Please use your real name, or a name your group will recognise, and don’t pretend to be someone else.
• Keep your password secret. You are responsible for what happens in your account, unless it happened without any fault on your part.
• If you think someone else is using your account, change your password and tell us at [CONTACT EMAIL].
• You can edit your profile at any time and delete your account [in your profile settings, feature planned before launch] (see section 10).

5. Competitions, Owners and admins

• The person who creates a competition is its Owner. The Owner can make other members co-admins and hand over ownership. Owners and co-admins are called admins. Admins also play.
• Admins decide how their competition runs: the challenge list, points, photo rules, dates and rules text. They can undo completions, remove members (who then can’t rejoin through the invite link), and hide reported content in their competition.
• Admins are users, not our staff, representatives or agents. They act on their own behalf. We don’t check their decisions and are not responsible for how they run their competition.
• Admins are responsible for the challenges they add and the rules text they write, just like for any other content they post.
• Disagreements about points or winners are for the group and its admins to settle. We don’t act as referee.
• Admins: only invite people who want to take part, and never pressure anyone into a challenge.
• An Owner who wants to delete their account must first hand over ownership. Otherwise the competition closes and becomes view-only.

Timing. A competition starts at 00:00 on its start date and ends at 23:59 on its end date, in the admin’s time zone (taken from the admin’s device when the competition is created). Everyone else sees these moments converted to their own local time. After the end, the board locks for players, admins have 48 hours to fix mistakes, and then the results are final.

6. Challenges and your safety (please read this)

This is the most important part of these terms.

• Every challenge is optional. Nobody has to do anything. Points are never worth getting hurt, getting into trouble, or hurting someone else.
• You decide, and you take part at your own risk. Before you try a challenge, think about whether it is safe and legal for you, in your situation, at that moment: your health and fitness, the weather, your surroundings, alcohol, and the people around you.
• Our ready-made packs. We wrote the pack challenges to be harmless fun and added safety notes to some of them. But we can’t know your situation, and a missing safety note doesn’t mean a challenge is safe for everyone. Adapt a challenge or skip it.
• Challenges added by admins are not checked by us before they appear.
• Never:
  • do anything illegal;
  • drive, cycle or operate anything after drinking alcohol or taking drugs;
  • put yourself or others in danger (for example heights, water, traffic, fire, extreme cold or heat, stunts);
  • drink excessive amounts of alcohol or take drugs to complete a challenge;
  • trespass, or damage anyone’s property;
  • involve people who haven’t agreed, including strangers and children;
  • break the rules of your employer, school or the place you are in.
• Respect a “no”. Everyone can decline a challenge or stop at any time, without pressure and without being made fun of.
• At work (for example with the Colleagues pack): follow your employer’s rules and policies, keep it voluntary and inclusive, and never share confidential work information or photos of confidential material.
• If a challenge looks unsafe or inappropriate, skip it, and tell your admin or report it to us.

We don’t supervise challenges or how anyone completes them. See section 12 for our liability.

7. Your content

“Content” means anything you add to ToniChallenge: photos, comments, custom challenges, competition title words and taglines, rules texts, your profile name and avatar, and reports.

• You keep ownership of your content.
• Permission you give us. You allow us to store, host, copy, resize and display your content, and to make technical copies such as backups, only as far as needed to run ToniChallenge. That means showing it to the members of the competition where you posted it (and your profile name and avatar to the people you share a competition with), and handling reports, moderation and security. This permission is free of charge and non-exclusive. It applies worldwide only because our technical providers may process data in other countries (see the Privacy Policy). It ends when your content is deleted, except for backup copies until they are overwritten [BACKUP PERIOD] and content we must keep for legal reasons (for example as evidence of a report).
• We don’t use your photos for advertising, and we don’t sell them.
• Who sees it. Members of that competition, its admins, and us for moderation. Other members could take screenshots or share the end-of-competition results card. We can’t control that, so only post what you are comfortable sharing with the group.
• Your promises. By posting content, you confirm that you have the right to share it, that everyone recognisable in a photo has agreed to it being shared with the group, and that it doesn’t break the law or anyone’s rights (such as copyright, the right to one’s own image, or privacy).
• Photos are deleted automatically 30 days after the competition ends. Keep your own copy if you want to keep a photo. ToniChallenge is not a backup service.

8. Rules for content and behaviour

Do not post, or use ToniChallenge for:

• anything illegal, or anything that encourages illegal acts;
• any sexual content involving minors (this is strictly prohibited, and we will report it to the authorities);
• photos of children, unless you are their parent or guardian or have their permission;
• nudity, sexual content, or intimate images of anyone;
• violence, gore, or anything that encourages self-harm or dangerous stunts;
• harassment, bullying, threats, humiliation, or hate and discrimination (for example because of origin, religion, gender, sexual orientation or disability);
• photos or personal details of people without their consent (for example addresses, phone numbers, secret recordings);
• confidential information, for example from your employer;
• content that infringes copyright or other rights;
• spam, advertising or commercial promotion;
• pretending to be someone else, fake accounts, or several accounts for one person;
• hacking, getting around security measures or limits, scraping, automated access, overloading the service, or spreading malware.

Custom challenges must follow the same rules. Don’t create challenges that are illegal, dangerous, sexual or humiliating, or that pressure people into things.

9. Reporting, moderation and suspension

• Report button. Every photo and comment has a report button. A report goes to the admins of that competition and to us.
• Not a member, or something illegal? If you are not a member of the competition (for example you appear in a photo) or want to report illegal content, email [CONTACT EMAIL] and describe what and where it is.
• No checks in advance. We don’t review content before it appears and are not obliged to monitor it. We look at reports as soon as we reasonably can [TARGET RESPONSE TIME, if any].
• What we may do. Hide or remove content, freeze a competition, suspend or close accounts, and pass information to the authorities where the law requires it. Admins can also hide reported content in their own competition.
• We act when content or behaviour breaks these terms or the law, or when it is needed to protect people or the service. We try to be fair and proportionate, and may give a warning first where that makes sense.
• Unless the law or safety reasons prevent it, we will tell you what we did and why. If you disagree, email [CONTACT EMAIL] and we will take another look.
• We keep a log of the moderation actions we take.

10. Leaving and ending

• Leaving a competition. You can leave a competition until it ends (an Owner must hand over ownership first). Your points then no longer count on its leaderboard.
• Deleting your account. You can delete your account at any time [in your profile settings, feature planned before launch]. This deletes your profile, your completions and your photos. People you tagged in a group challenge keep their points. The Privacy Policy explains what may remain and for how long.
• Us. We may suspend or close your account for serious or repeated breaches of these terms, or where the law requires it. We may also shut down ToniChallenge. Where possible, we will give you at least [30] days’ notice by email or on the site so you can save your photos.
• Sections that by their nature should continue after the end (for example sections 7, 12, 13 and 16) continue to apply.

11. A free service with no guarantees

• ToniChallenge is provided free of charge, “as is” and “as available”.
• We don’t guarantee that it will always be available, free of errors or secure, or that data will never be lost. Maintenance, bugs or outages at our providers can happen.
• We may change, add or remove features at any time. We will announce significant changes in advance where possible.
• Points and leaderboards can be wrong because of a bug. Admins can correct completions.

12. Our liability

We run ToniChallenge for free, in our spare time, as a private individual. That’s why we limit our liability, but only as far as the law allows.

To the extent permitted by law, we are not liable for:

• injury, damage, loss or legal consequences that result from attempting or completing a challenge, or from anything you or others do offline;
• content posted and actions taken by other users or admins;
• interruptions, errors, or loss of data or content;
• indirect or consequential damage, such as lost profit.

What we don’t exclude. Nothing in these terms limits or excludes our liability where the law doesn’t allow it. In particular, this applies to damage we cause intentionally or through gross negligence, [to death or personal injury, where mandatory law protects you,] and to any rights you have under mandatory consumer protection law.

Other users and admins are responsible for their own actions under the law.

13. If you break these terms

If you break these terms or the law, and someone else makes a claim against us because of it, you will compensate us for the resulting reasonable costs and damage (including reasonable legal costs). This applies only if you are at fault, and only as far as the law allows. [REVIEW: suitability of this clause for consumers.]

14. Our content and design

The ToniChallenge name, logo, site design and challenge packs belong to us or are used with permission. You may use them to take part in ToniChallenge. Please don’t copy them for other websites or apps.

15. Changes to these terms

• We may update these terms, for example when we add features, when the law changes, or before introducing paid features or sponsors.
• For significant changes, we will tell you by email or on the site at least [30] days before they take effect[, and may ask you to accept them again].
• If you don’t agree with a change, you can delete your account before it takes effect. If you keep using ToniChallenge after that date, the new terms apply.
• The date at the top shows when these terms were last changed.

16. Governing law and courts

• These terms are governed by Swiss law, excluding its conflict-of-law rules.
• The courts at [PLACE OF JURISDICTION], Switzerland, have jurisdiction, unless mandatory law gives you the right to go to court elsewhere. If you are a consumer, you keep the protection of the mandatory law that applies to you and can bring claims before the courts of your place of residence where the law provides for this.
• Please contact us first. Most problems can be solved with a quick email.

17. Other points

• If any part of these terms is invalid, the rest remains valid. The invalid part is replaced by a valid rule that comes as close as possible to its purpose.
• If we don’t enforce a right straight away, we don’t give it up.
• We may transfer this agreement to a successor who takes over ToniChallenge (for example an association or company set up to run it). We will tell you in advance, and your rights under these terms won’t be reduced.
• These terms are written in English. [If translations are added: if versions differ, the English version applies.]

18. Contact

Questions about these terms? Email [CONTACT EMAIL]

The game rules in short