Last Updated: December 13, 2023
Welcome and thank you for your interest in Forfeit, Inc ("Forfeit", "we", "us" or "our"). This Forfeit Mobile Application Terms of Use Agreement ("Terms of Use", together with any applicable Supplemental Terms (as defined in Section 1.3 (Supplemental Terms)), the "Agreement") describes the terms and conditions that apply to your use of (i) any mobile application(s) that we offer subject to these Terms of Use (each, an "Application"), and (ii) the services, content, and other resources available on or enabled via our Application (collectively, the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FORFEIT, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS.
PAYMENT AUTHORIZATION: IF YOU MAKE A COMMITMENT THROUGH THE SERVICE, THEN YOU AUTHORIZE FORFEIT TO CHARGE YOUR PAYMENT METHOD UP TO THE AMOUNT YOU HAVE SELECTED FOR THAT COMMITMENT IF YOU FAIL TO VERIFY YOUR COMMITMENT. IF YOU SUBSEQUENTLY FAIL TO VERIFY THAT SAME COMMITMENT, FORFEIT MAY CHARGE YOUR PAYMENT METHOD FOR EACH SUCCESSIVE COMMITMENT FAILURE UP TO THREE (3) TIMES IN A ROW.
ARBITRATION AGREEMENT: SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND FORFEIT. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
The Service is protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Forfeit, your right to access and use any and all of the Service is subject to this Agreement.
The Application helps hold you accountable to your goals. By submitting a goal ("Commitment"), selecting a means of verification (such as sending a photo of the completed goal), and selecting a corresponding penalty amount ("Penalty") to be charged if you fail to timely verify your compliance with the Commitment through the Application, you agree that Forfeit may charge your credit card the Penalty selected by you each time you fail to verify your Commitment. If you subsequently verify the same Commitment and then fail one or more times to timely verify the Commitment, you will be charged a Penalty for each such failure, subject to the following 3 in a row rule. If you fail to verify the same Commitment three (3) times in a row or more, Forfeit will cap the charges at three (3) charges for that series of failures to verify. You are able to contact Forfeit through the Application to request an appeal to review Penalty charges. Forfeit, in its sole discretion, will determine the outcome of the appeal.
Subject to your compliance with this Agreement, Forfeit grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a single Device (as defined below) that you own or control and to run such copy of the Application solely for your own personal purposes.
Your use of, and participation in, certain features and functionality of the Service, such as our website, may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.
You understand that the Service is evolving. As a result, Forfeit may require you to install updates to the Applications that you have installed on the devices through which you access or use the Service ("Device"). You acknowledge and agree that Forfeit may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update, or other addition to the Service shall be subject to this Agreement.
By entering into this Agreement or using the Service, you agree to receive communications from us, including via email, and/or push notifications. Communications from us and our affiliated companies may include, but are not limited to, (i) operational communications concerning your Account or the use of the Service, (ii) updates concerning new and existing features on the Service, (iii) communications concerning promotions ran by us or our third-party partners, and (iv) news concerning Forfeit and industry developments.
In order to access certain features of the Service you may be required to register an account on the Service ("Account") or have an account with the app store from which you downloaded the Application ("Third-Party Account").
You may link your Account with Third-Party Accounts by allowing Forfeit to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Forfeit and/or grant Forfeit access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Forfeit to pay any fees or making Forfeit subject to any usage limitations imposed by such third-party service providers.
In registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Forfeit. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors. You may not share your Account or password with anyone, and you agree to notify Forfeit immediately of any unauthorized use of your password or any other breach of security.
You must provide all Devices and other equipment or software necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.
You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Service (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not Forfeit, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available ("Make Available") through the Service, including the Third-Party Account Content ("Your Content"), and that other users of the Service, and not Forfeit, are similarly responsible for all Content that they Make Available through the Service ("User Content").
Unless expressly agreed to by Forfeit in writing elsewhere, Forfeit has no obligation to store any of Your Content. Forfeit has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.
Except with respect to Your Content and User Content, you agree that Forfeit and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Forfeit software).
Forfeit, Inc and all related stylizations, graphics, logos, service marks, and trade names used on or with the Service are the trademarks of Forfeit and may not be used without permission in connection with your, or any third-party, products, or services.
Forfeit does not claim ownership of Your Content. However, when you Make Available any Content on or in the Service, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 4.4 (License to Your Content).
Subject to any applicable Account settings that you select, you grant Forfeit a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free right (including any moral rights) license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any area on the Service, including your user profile, you hereby expressly permit Forfeit to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Forfeit through its suggestion, feedback, forum, or similar pages ("Feedback") is at your own risk and that Forfeit has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to Forfeit a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to:
Forfeit may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
Forfeit reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that Forfeit reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that Forfeit will not be responsible for any liability incurred as the result of your interactions with other users.
The Service may contain User Content provided by other users. Forfeit is not responsible for and does not control User Content. Forfeit does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk.
The Service may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") (collectively, the "Third-Party Services"). When you click on a link to a Third-Party Services we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Forfeit. Forfeit is not responsible for any Third-Party Services.
With respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Terms of Service.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
The Forfeit uses Stripe, Inc. and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Third-Party Service Provider"). By buying or selling on any portion of the Service, you shall provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa).
If you fail to verify a Commitment, you will be charged, and you shall pay all such fees or charges ("Fees"), up to the Penalty amount that you have selected for that Commitment. Forfeit reserves the right to charge your payment method for each Penalty incurred, and, if you fail to verify the same Commitment subsequently, Forfeit is authorized to charge your payment method for each such failure, provided Forfeit will stop charging the Penalty for a given Commitment after you have been charged a Penalty for three (3) successive failures in a row. Except as set forth in this Agreement, all Fees for the Service are non-refundable. Any refunds past two weeks are not allowed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. FORFEIT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE.
FORFEIT PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FORFEIT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FORFEIT PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO FORFEIT BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $100; OR (iii) IF APPLICABLE, THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
It is Forfeit's policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Forfeit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
The term of this Agreement commences on the date when you accept this Agreement and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
If you have materially breached any provision of this Agreement, or if Forfeit is required to do so by law, Forfeit has the right to, immediately and without notice, suspend or terminate any Service provided to you. Forfeit reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.
If you want to terminate this Agreement, you may do so by cancelling your Account for all of the Service that you use. ANY SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate.
The Service may be accessed from countries around the world and may contain references to Service and Content that are not available in your country. These references do not imply that Forfeit intends to announce such Service or Content in your country. The Service is controlled and offered by Forfeit from its facilities in the United States of America. Forfeit makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
Please read this section carefully. It is part of your contract with Forfeit and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Subject to the terms of this Arbitration Agreement, you and Forfeit agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service will be resolved by binding arbitration, rather than in court, except that: (i) you and Forfeit may assert claims or seek relief in small claims court if such claims qualify; and (ii) you or Forfeit may seek equitable relief in court for infringement or other misuse of intellectual property rights.
Before either party commences arbitration, you and Forfeit agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Dispute. The party initiating a Dispute must give notice to the other party in writing. Notice to Forfeit should be sent by email to josh@forfeit.app. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your Account; (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.
YOU AND FORFEIT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Forfeit are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement. There is no judge or jury in arbitration.
YOU AND FORFEIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. ยง 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules then in effect.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: josh@forfeit.app, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
The communications between you and Forfeit may take place via electronic means, whether you visit the Service or send Forfeit emails, or whether Forfeit posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Forfeit in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Forfeit electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.
If you have any questions, complaints or claims with respect to the Service, please contact us at: josh@forfeit.app. We will do our best to address your concerns.
When changes are made, Forfeit will make a new copy of this Terms of Use available on the Service, and we will also update the "Last Updated" date at the top of this Agreement. If we make any material changes, and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the last email address you provided to us. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Forfeit agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California, if you are a resident of the United States.
IF YOU ARE A RESIDENT OF THE UNITED STATES, THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
Notwithstanding anything to the contrary in Section 11 (Limitation of Liability), Forfeit is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
If you have any questions or concerns about these Terms of Service, please contact:
Forfeit Inc