1. Acceptance of Terms
By downloading, installing, or using the Modig application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and ThirtyEight Works LLC ("Modig," "we," "us," or "our").
2. Eligibility
You must be at least 18 years old to use Modig. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Modig is not available to users who have been previously banned from the App or whose accounts have been terminated.
3. Account Registration
To use Modig, you must create an account using Sign in with Apple. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to provide accurate and complete information during registration, including a unique username. You may not impersonate another person or use a username that is offensive or violates any third party's rights. We reserve the right to terminate accounts that violate these Terms.
4. Financial Terms
Solo Challenges: When you create a Solo Challenge, you authorize Modig to charge your saved payment method as follows:
- A non-refundable $1.00 activation fee is charged at challenge creation to confirm your payment method is active
- At challenge completion, a charge equal to the number of missed periods multiplied by your per-period stake amount is processed as a fee to Modig; Modig then donates an equal amount — net of payment-processing fees and any taxes Modig incurs on these funds — across its supported charities
- A service fee equal to 5% of the amount you earn back is charged at challenge completion; Modig earns nothing on missed periods
- The minimum stake amount is $10.00 and the maximum is $2,000.00
By creating a Solo Challenge and authorizing charges, you acknowledge that:
- Charges are processed at challenge completion, not in real time
- You may delete a Solo Challenge within 24 hours of creating it, even if it has already started; the $1.00 activation fee remains non-refundable
- Missed period charges are non-refundable once processed
- The $1.00 activation fee is non-refundable under any circumstances
Pool Challenges: When you participate in a Pool Challenge, you acknowledge and agree that:
- Modig does not collect, hold, or process Pool Challenge funds at any time
- Modig generates a settlement report at the end of the challenge showing who owes what to whom, based on period winners
- All payments between participants happen directly and are the sole responsibility of the participants
- Modig is a facilitator only and is not responsible for ensuring payment between participants
- Your stake is locked once the challenge begins and no refunds are available
- The challenge creator may approve or decline join requests before the start date
- Once the challenge starts, no new participants may join
Charitable Donations: Missed-period charges from Solo Challenges are collected as fees to Modig. Modig then donates an amount equal to those fees — net of payment-processing fees and any taxes Modig incurs on these funds — across its list of supported charities shown in the App. You acknowledge that:
- Modig, not you, directs where donations go. You may opt out of up to two charities on the supported list from receiving donations attributable to your fees; this is an opt-out only, not a designation of any charity
- Donations are made by Modig at its sole discretion, typically at the end of each calendar year
- Donations are made by Modig in its own name and are not tax-deductible for you
- Modig is not responsible for the operations, tax status, or conduct of any charity, and may update its list of supported charities from time to time
Payment Processing: All payment processing is handled by Stripe. By using Modig, you agree to Stripe's Terms of Service available at stripe.com/legal. Modig never stores your full card number or sensitive financial data.
5. Apple Health Integration
Modig uses Apple HealthKit to verify your fitness activity. By connecting Apple Health, you authorize Modig to read the health data types listed in our Privacy Policy. You acknowledge that:
- Modig relies on Apple Health data to verify challenge completion
- Health data syncs from your Apple Watch and iPhone may be delayed by up to several hours
- Modig uses a 2am local time cutoff to finalize each period, providing a buffer for sync delays
- Inaccurate, missing, or delayed health data may affect challenge verification
- Modig never writes to or modifies your Apple Health data
- You can revoke Apple Health access at any time through Settings → Health → Data Access & Devices → Modig, but doing so will prevent Modig from verifying your challenge progress
6. Grace Days
Grace days are provided as a buffer for missed sessions or Apple Health sync delays. Grace days are:
- Applied automatically by Modig when a period cannot be recovered
- Limited to the number specified when creating your challenge, calculated as approximately 20% of total periods rounded up
- Non-transferable between challenges
- Not guaranteed to cover all technical failures
For X-days-per-week challenges, grace days are applied at the day level when there are no longer enough days remaining in the week to hit the weekly target. The application of grace days is final once applied.
7. Data Sync and Technical Limitations
Modig syncs your health data each time you open the app, and automatically overnight via background refresh. For Pool Challenges, leaderboard standings reflect each participant's most recently synced data. Modig is not responsible for differences in standings caused by participants not opening the app regularly. We strongly recommend opening the app daily to ensure your activity is counted accurately.
8. User Conduct
You agree not to:
- Create challenges with the intent to defraud other users
- Manipulate Apple Health data to falsely claim challenge completion
- Use the App for any illegal purpose
- Attempt to circumvent the App's verification systems
- Harass, threaten, or harm other users
- Create multiple accounts to circumvent bans or restrictions
- Use the App in any way that violates Apple's App Store guidelines
9. Intellectual Property
All content, features, and functionality of the Modig App, including but not limited to the design, text, graphics, logos, and code, are the exclusive property of ThirtyEight Works LLC and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
10. Disclaimer of Warranties
Modig is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:
- The App will be uninterrupted or error-free
- Apple Health data will always be accurately captured or synced
- Challenge verification will be 100% accurate in all circumstances
- The App will be available at all times
- Pool Challenge participants will fulfill their settlement obligations
11. Limitation of Liability
To the maximum extent permitted by law, Modig shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of funds, loss of data, or loss of goodwill, arising out of or in connection with your use of the App. Our total liability to you for any claim arising out of or relating to these Terms shall not exceed the amount of fees paid by you to Modig in the 12 months preceding the claim. Modig is not liable for any failure by Pool Challenge participants to settle payments with one another.
12. Dispute Resolution
Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial or to participate in a class action lawsuit. This arbitration agreement does not apply to claims for injunctive relief or claims within the jurisdiction of small claims court.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of significant changes through the App or by email. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms.
15. Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our discretion. Upon termination, any pending Solo Challenges will be resolved according to their terms and any amounts owed will be processed accordingly. The $1.00 activation fee and any already-processed charges are non-refundable upon termination.
16. Contact Us
If you have questions about these Terms, please contact us at:
Modig
legal@modigapp.com
modigapp.com/terms