Terms and Conditions
Welcome to Mettle! These Terms and Conditions ('Terms') govern your use of the Mettle mobile application and website (collectively, the 'Service'), operated by LetsMettle Ltd. ('we', 'us', 'our', or 'Company'). By accessing, registering for, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service.
1. Definitions
'User', 'you', or 'your' refers to any individual or entity that accesses or uses the Service.
'User Content' means any text, images, videos, or other material that Users submit, upload, or transmit through the Service.
'Intellectual Property Rights' means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
2. Use of the Service
Eligibility: You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
Account Registration: To access and utilize the Service, you must create an account by providing truthful, accurate, current, and complete information.
User Obligations: You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.
Service Availability: We strive to provide a reliable and continuous service. However, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Occasional disruptions may occur due to maintenance, updates, or factors beyond our control.
3. User Content
Content Submission: You may post, upload, publish, submit, or transmit User Content through the Service. You are solely responsible for any User Content you provide.
License Grant: By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content.
Content Representations and Warranties: You represent and warrant that you own or have the necessary rights to use and authorize the use of the User Content as described herein.
Content Removal: We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.
4. Prohibited Conduct
Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Service.
Interference: Interfering with the proper working of the Service or with any other person's use of the Service.
Overburdening: Introducing any viruses, trojan horses, worms, logic bombs, or other harmful material.
Data Mining: Using any robot, spider, scraper, or other automated means to access the Service without our express written permission.
Impersonation: Impersonating or attempting to impersonate another user, person, or entity.
Harassment: Engaging in any form of harassment, hate speech, or abusive behavior towards other users or our staff.
Fraud: Using the Service for any fraudulent or unlawful purpose.
5. Intellectual Property Rights
Ownership: The Service and its original content, features, and functionality are owned by LetsMettle Ltd. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose.
Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Service or included software.
6. Privacy and Data Protection
Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Processing: We process personal data in accordance with applicable data protection laws, including the GDPR.
Data Retention and Deletion: Upon account termination, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your personal data as per applicable data protection laws.
7. Third-Party Links and Content
Third-Party Links: The Service may contain links to third-party websites or services that are not owned or controlled by LetsMettle Ltd.
Third-Party Content: Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective authors or distributors and not of LetsMettle Ltd.
8. Changes to the Service
Updates and Modifications: We reserve the right to update, modify, or discontinue the Service with or without notice at any time.
No Liability: We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
9. Termination
Termination by You: You may terminate your account at any time by contacting us.
Termination by Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever.
Effect of Termination: Upon termination, your right to use the Service will immediately cease. Your data will be handled as described in our Privacy Policy and in accordance with applicable data protection laws.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. LETSMETTLE LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
LETSMETTLE LTD. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LETSMETTLE LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LETSMETTLE LTD. FOR THE SERVICE DURING THE 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
Users are responsible for their actions and content shared on the Service. You may be held liable for any damages resulting from your breach of these Terms or misuse of the Service.
12. Indemnification
You agree to defend, indemnify and hold harmless LetsMettle Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses resulting from or arising out of your use and access of the Service, or a breach of these Terms.
This indemnification obligation includes, but is not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
13. Dispute Resolution
Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us.
Arbitration: Any dispute will be referred to and finally determined by arbitration in accordance with the Rules of Arbitration of the German Institution of Arbitration (DIS).
Waiver of Jury Trial: YOU AND LETSMETTLE LTD. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, TO THE EXTENT SUCH A WAIVER IS PERMITTED UNDER GERMAN LAW.
Jurisdiction Conflicts: For users outside the EU, in case of any conflict between jurisdictions, the laws of Germany shall prevail to the extent permitted by the laws of your country of residence.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
For users in the EU, you may also be entitled to protections provided by the mandatory consumer protection laws of your country of residence.
15. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.
Material changes include, but are not limited to, changes to dispute resolution procedures, significant changes to the Service's functionality, or changes that affect user rights and obligations.
We will provide a summary of the changes and the option to review the full updated Terms before they take effect.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
16. Entire Agreement
These Terms constitute the entire agreement between you and LetsMettle Ltd. regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
17. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
18. Subscription Services
We may offer subscription-based services in the future. The specific terms, including fees, renewal policies, and cancellation procedures, will be provided before you subscribe to any such service.
Subscription fees may be charged on a recurring basis and may change upon reasonable notice.
Cancellation of subscription services will be subject to our then-current cancellation policy, which will be clearly communicated at the time of subscription.
19. Fee Structure
Any applicable fees for the use of the Service will be clearly communicated to you before you incur the fee.
We reserve the right to change our fee structure upon reasonable notice.
Detailed information about our current fee structure can be found on the challenge payment screen of our app
All fees are non-refundable unless otherwise stated or required by law.
20. Contact Us
If you have any questions about these Terms, please contact us at hello@letsmettle.com.