Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Accustom mobile application, website, and related services (collectively, the "Service") operated by Accustom (ABN 90 150 776 200) ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.1 Definitions

• "Account" means the user account you create to access the Service.
• "Service" means the Accustom software platform, including all features, tools, and technology provided.
• "Pledge" means the monetary amount you pay for access to and use of specific platform features, including Challenges and Commits.
• "Challenge" means a platform feature that enables group-based accountability programs with shared goals and verification requirements.
• "Commit" means a platform feature that enables individual accountability programs with self-defined habits and verification requirements.
• "Pledge Return" means the return of your Pledge upon successful completion of your accountability program, as a reward for meeting the service requirements.
• "Grace Day" means a platform feature that allows you to skip a verification check-in without losing progress.
• "Bonus Reward" means the accumulated Pledges from users who did not complete their accountability program requirements, redistributed as bonus rewards.
• "Settlement" means the distribution of pledge returns and bonus rewards to successful participants ("Achievers") after a program concludes.
• "Verification" means the process of confirming evidence check-ins against published standards.

2. Description of Service

Accustom is a software-as-a-service (SaaS) platform that combines behavioral science technology with accountability tools to help users achieve their goals. All payments made to Accustom are for access to our software platform and the technology services we provide.

Our platform includes features such as habit tracking, verification systems, progress analytics, community accountability groups, and structured goal-setting programs. Challenges and Commits are features included as part of this software service.

2.1 Challenges (Platform Feature)

Challenges are a feature of our software platform that enables group-based accountability programs where multiple users pursue similar goals together. Users pay a Pledge to access this feature, which includes:

• Platform Access: Users pay a Pledge to access the Challenge feature and its accountability tools.
• Program Duration: Structured programs typically run for 7 to 28 days.
• Verification Technology: Our platform verifies successful completion through photo, video, or API-based evidence.
• Pledge Return: Users who successfully complete their program receive their Pledge back as a pledge return—a reward for meeting the service requirements.
• Bonus Rewards: Successful users may also receive a share of the Bonus Reward Pool as a bonus reward, calculated based on Grace Day consumption—users who use fewer Grace Days receive a larger share.
• Platform Fee: A platform fee is deducted from the gross Bonus Reward Pool to cover platform operating costs. The fee applying to a Challenge is fixed before that Challenge opens for entry and is displayed on the Challenge; it is 12% unless the Challenge states otherwise, and it cannot be changed after you have joined.

2.2 Commits (Platform Feature)

Commits are a feature of our software platform that enables individual accountability programs with self-defined habits. Users pay a Pledge to access this feature, which includes custom habit definition, personalized scheduling, and verification tools. You choose the pledge destination for non-completion:

• Standard Pledge: Successful completion results in a full return of your Pledge. Non-completion results in the Pledge being retained by Accustom.
• Charity Option: Non-completion results in the Pledge being donated to a registered charity. Charity donations are non-refundable.

The total Pledge is calculated based on your Pledge per Check-In × Number of Check-Ins.

3. User Eligibility and Acknowledgments

3.1 Eligibility Requirements

• Age: You must be at least 18 years old to use the Service.
• Legal Capacity: You must have the legal capacity to enter into binding financial contracts in your jurisdiction.
• Location: You must reside in a jurisdiction where our Service is legally available (see Prohibited Jurisdictions below).
• Single Account: You may maintain only one account. Duplicate accounts will be terminated and you will not be eligible for any pledge returns.
• Identity: You must provide accurate, complete information during registration. We reserve the right to verify your identity.

3.2 Assumption of Risk

3.3 Financial Capacity

By paying a Pledge to access platform features, you represent and warrant that:

• The funds you are paying are legally yours to commit.
• Not receiving a pledge return for the Pledge amount would not cause you financial hardship.
• You are not using borrowed funds, credit, or funds needed for essential expenses (rent, food, medical care, etc.).
• You understand and accept the financial consequences of non-completion.

If you are experiencing financial difficulties or compulsive behavior, please stop using the Service and seek appropriate support. We reserve the right to limit fee amounts or suspend accounts where we suspect financial distress.

3.4 Prohibited Jurisdictions

The Service is not available to residents of jurisdictions where commitment contract services require specific licensing we do not hold, or where such services are otherwise restricted by law, including but not limited to:

• United States states where commitment contract services require specific regulatory approval
• Countries where financial commitment services require licensing we do not hold
• Any jurisdiction where your participation would violate local laws

You are solely responsible for determining whether your use of the Service complies with applicable laws in your jurisdiction. We disclaim any liability arising from your use of the Service in a prohibited jurisdiction.

3.5 Health and Safety

For habits involving physical activity, diet, or health-related goals:

• Consult a medical professional before starting any new exercise or diet program.
• Accustom is not a medical, fitness, or health advisor.
• Do not engage in activities that may cause harm to yourself or others to meet a deadline.
• Your health and safety should always take priority over completing a commitment.

We are not liable for any injury, illness, or harm resulting from activities you undertake to fulfill your commitments.

4. Payment Terms

4.1 Pledges and Pledge Returns

By accessing a Challenge or Commit feature, you authorize the transfer of the specified Pledge amount into escrow.

4.2 Your Wallet

Access to the Service requires a digital wallet. You may sign in with a wallet you already control, or sign in by email or social login, in which case our wallet infrastructure provider, Privy, creates one for you.

Your wallet consists of a signing key held in Privy's embedded wallet infrastructure, and a smart contract account on the Base network controlled by that key. The smart contract account is the address that holds your funds and receives your payouts. Because it is a smart contract account, your transactions are submitted through third-party relay infrastructure rather than sent directly to the network by your browser.

• Self-Custody: Your wallet is self-custodial. Accustom does not hold, control, or have the ability to recover your private keys, and cannot sign transactions on your behalf.
• Smart Contract Risk: Smart contract accounts and the relay infrastructure that serves them are subject to technical risks, including bugs and service unavailability, which may delay or prevent a transaction.
• Your Responsibility: You are solely responsible for maintaining access to your wallet and for any activity conducted through it. Loss of access to your wallet may result in permanent loss of funds that Accustom cannot reverse or restore.
• Accurate Address: You are responsible for ensuring the wallet address associated with your account is correct. Blockchain transactions are irreversible — funds sent to an address you provided in error cannot be recovered.

4.3 Funding Your Wallet

If your wallet holds insufficient USDC to cover a Pledge, you may purchase USDC through the in-app funding flow, which is provided by Meld, a third-party onramp aggregator accessed via Privy. Meld routes your purchase to a licensed provider that it selects at the time of the transaction.

• The purchase is a transaction between you and that provider, not with Accustom. It is governed by that provider's own terms and privacy policy.
• The provider may require identity verification (KYC) before completing your purchase. Accustom does not control, receive, or store the documents you submit to them.
• Providers charge a spread and/or fee that is taken out of the amount you pay. The amount quoted in the funding flow is grossed up so that the USDC which actually arrives is sufficient to cover your Pledge; any excess remains in your wallet and is yours.
• Accustom does not set, receive, or control provider fees or exchange rates.

4.4 Digital Asset Risk

4.5 Settlement and Payouts

Settlement occurs within 7 days of a Program's conclusion. Payouts (pledge returns and bonus rewards) are released from escrow in USDC to the wallet address associated with your account on the Base network.

Once a payout transaction is broadcast to the network, it is final and cannot be recalled. Converting USDC back to fiat currency, and any fees or identity checks required to do so, is your responsibility and is handled through third-party providers rather than by Accustom.

5. Verification and Rules

5.1 Evidence Check-In

To substantiate your activity, you must submit valid evidence before your daily deadline (midnight local time unless specified). Supported formats include:

• Photo: Authenticated via metadata.
• Camera Only: Direct capture required (no gallery uploads).
• Video Timelapse: A timelapse you record with your own camera app and upload as documentation of the activity.
• Screenshots: For digital habits.
• GitHub: Automated API verification.
• Honor System: Self-reported completion, available on habits where trust-based verification is offered.
• Strava (Coming Soon): Auto-verifies based on activity data.

5.2 Moderation

Check-ins are reviewed by our moderation team or automated systems.

• Timeframe: Verification is typically completed within 36 hours.
• Criteria: Assessment is based on objective adherence to the stated habit requirements.
• Binding Decision: Moderator decisions regarding validity are final, subject to the dispute process.

5.3 Grace Days and Eligibility

• Grace Days: Allow you to miss a day without affecting your pledge return eligibility. They may include free days (based on duration/category) or be purchasable (with limits).
• Usage: Grace Days can be manually applied before midnight or will be auto-applied if available.
• Eligibility Loss: If you miss a check-in and have no Grace Days remaining, you become ineligible for a pledge return. You cannot rejoin the specific Program after becoming ineligible.

6. Technical Reliability

We acknowledge that technical issues can occur. Our Circuit Breaker Policy ensures you are not penalized for our system failures:

• System Outages: If our Service is unavailable for 2+ hours during a check-in window, affected users receive an automatic Grace Day or deadline extension.
• Major Failures: In the event of extended outages (24+ hours), we may offer full refunds or Program extensions.
• User Responsibility: Issues with your personal device or internet connection are your responsibility. We recommend submitting evidence early to avoid last-minute connectivity problems.

7. Conduct and Integrity

We maintain a high standard of sportsmanship. The following conduct is prohibited:

• Submitting false, manipulated, or non-original evidence (including AI-generated content).
• Colluding with other participants to manipulate Bonus Reward outcomes.
• Harassing other users or support staff.

Violations result in immediate loss of pledge return eligibility and potential account termination. Pledges are not refunded in cases of misconduct.

8. Disputes

You may raise a dispute regarding verification or Service issues:

• Timing: Disputes can be raised at any time before, during, or after (within 7 days) a Program.
• Process: Initiate disputes via the in-app feature or by contacting support.
• Resolution: We aim to review and respond to disputes within 48 hours.

9. Limitation of Liability and Disclaimers

9.1 Service Provided "As Is"

9.2 Limitation of Liability

9.3 Specific Exclusions

Without limiting the foregoing, Accustom shall not be liable for:

• Not meeting the requirements for a pledge return
• Injury or harm resulting from physical activities undertaken for commitments
• Financial decisions you make based on potential pledge return
• Emotional distress from not completing commitments
• Disputes with other program participants
• Tax implications arising from bonuses received
• Data loss not caused by our gross negligence

9.4 Force Majeure

Accustom shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• War, terrorism, riots, or civil unrest
• Government actions, embargoes, or sanctions
• Failure of third-party services (wallet and onramp providers, cloud providers, APIs)
• Outages, congestion, or forks of the Base network, or failures of the USDC token contract
• Cyberattacks, including DDoS attacks or data breaches beyond our control
• Power outages or telecommunications failures

In such events, affected deadlines may be extended or Pledges refunded at our discretion.

9.5 Consumer Law Rights

Australian Users: Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement. If the ACL applies to you, we are required to provide you with certain guarantees that cannot be excluded.

Other Jurisdictions: If mandatory consumer protection laws in your jurisdiction provide greater protections than these Terms, those protections apply to the extent required by law.

10. Modification of Terms

We reserve the right to modify these Terms at any time. When we make changes:

• Notice: We will notify you via email or in-app notification at least 14 days before material changes take effect.
• Active Challenges: Changes will not affect Challenges or Commits that are already in progress at the time of modification.
• Continued Use: Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
• Rejection: If you do not agree to the updated Terms, you must stop using the Service. Any pending payouts will still be processed.

11. User Content and Intellectual Property

11.1 Your Content

You retain ownership of all content you submit (photos, videos, screenshots). By submitting content, you grant Accustom a limited, non-exclusive, royalty-free license to:

• Store and process your content for verification purposes.
• Display your content to moderators and, where applicable, other challenge participants.
• Retain your content for dispute resolution and compliance purposes.

We will not use your content for marketing or promotional purposes without your explicit consent.

11.2 Our Intellectual Property

The Service, including its design, features, and content (excluding User Content), is owned by Accustom and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

12. Third-Party Services

The Service integrates with third-party providers. By using Accustom, you agree to be bound by the terms and policies of these providers:

12.1 Wallet and Funding Providers

12.2 Other Integrations

• Firebase/Google: Authentication and data storage, governed by Google Cloud Terms.
• GitHub: Optional integration for code commit verification, governed by GitHub Terms of Service.
• Strava (Coming Soon): Optional integration for activity verification, governed by Strava Terms of Service.

12.3 Disclaimer

We are not responsible for:

• Service interruptions or failures caused by third-party providers.
• Delays, errors, refusals, or identity-verification outcomes arising from Meld or the onramp provider fulfilling your purchase.
• Congestion, outages, forks, or failures of the Base network, or defects in the USDC token contract.
• Loss of access to your wallet, or funds sent to an incorrect address.
• Changes to third-party APIs that may affect integrations.
• Data handling by third parties, which is governed by their respective privacy policies.
• Spreads, network fees, or currency-conversion costs charged by onramp providers or the network.

Where a settlement cannot be completed because of a network or provider issue, we will make reasonable efforts to complete it once the issue is resolved. You are responsible for maintaining access to the wallet associated with your account.

13. Account Termination

13.1 By You

You may close your account at any time by contacting support. Account closure will not affect any active Programs or Challenges—these must be completed to qualify for pledge returns.

13.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or engage in prohibited conduct.
• Engage in fraudulent activity or attempt to manipulate outcomes.
• Create multiple accounts or share account access.
• Fail to provide valid payment information when required.

Upon termination for cause, you will not be eligible for any pending pledge returns or bonus rewards. We reserve the right to pursue legal action for damages caused by fraudulent activity.

14. Indemnification

You agree to indemnify, defend, and hold harmless Accustom, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service or violation of these Terms.
• Your submitted content or evidence.
• Your violation of any third party's rights.
• Any fraudulent or illegal activity conducted through your account.

15. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Consumer Rights: Nothing in these Terms excludes any rights or guarantees you may have under the Australian Consumer Law (ACL) or other applicable mandatory consumer protection laws in your jurisdiction.

16. General Provisions

Contact Us

For questions regarding these Terms, please contact:

Accustom
ABN 90 150 776 200

Email: support@accustom.app