Terms of Service

1. Acceptance of Terms

Welcome to Comitto ("the Service"), operated by Nico Wyss ("we," "us," or "our") in Switzerland. By accessing or using this Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Comitto is a platform that allows users to create accountability bets with friends and peers. Users can:

• Set personal goals with financial stakes
• Invite friends to participate in accountability challenges
• Submit photo proof of goal completion
• Track IOUs (I Owe Yous) representing financial obligations between users

Important: This app facilitates agreements between users but does not process actual payments. All financial settlements are the responsibility of the users involved and should be handled outside of the platform.

3. User Accounts

3.1 Registration

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Age Requirement

You must be at least 18 years old to use this Service. By using the Service, you represent that you are at least 18 years of age.

4. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations, including gambling laws
• Create bets that involve illegal activities or harmful behavior
• Harass, abuse, or harm other users
• Submit false or fraudulent proof of goal completion
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service for commercial purposes without our prior written consent
• Upload malicious code or interfere with the Service

5. Bets and IOUs

5.1 Nature of Bets

Bets created on the platform are personal accountability agreements between users. They are not legally binding contracts, and we do not guarantee enforcement of any bet terms.

5.2 Financial Responsibility

The Service tracks IOUs for informational purposes only. We do not process payments, hold funds, or guarantee payment of IOUs. All financial settlements must be arranged directly between users.

5.3 Disputes

We are not responsible for resolving disputes between users regarding bet outcomes, photo proof validity, or IOU payments. Users are responsible for resolving such disputes among themselves.

6. User Content

6.1 Your Content

You retain ownership of any photos, descriptions, and other content you submit to the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your content solely for the purpose of operating the Service.

6.2 Content Standards

You agree that your User Content will not contain material that is:

• Illegal, fraudulent, or harmful
• Infringing on intellectual property rights
• Obscene, offensive, or inappropriate (including nudity or violence)
• Private information about others without their consent

6.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

7. Intellectual Property

The Service, including its design, functionality, and content (excluding User Content), is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected or that the Service is free of viruses
• The Service will meet your expectations or achieve any particular results
• Users will fulfill their IOU obligations or that bets will be honored

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of your data or User Content
• Disputes between users, including unpaid IOUs or unmet bet terms
• Any bugs, errors, or interruptions in the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS (WHICH MAY BE ZERO).

10. Indemnification

You agree to indemnify, defend, and hold harmless Nico Wyss and the Service from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Disputes with other users, including bet outcomes or unpaid IOUs

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may also delete your account at any time through the app settings.

Upon termination, your right to use the Service will cease immediately, but these Terms will continue to apply to any prior use.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Switzerland.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@comitto.app