TERMS OF SERVICE

Welcome to Scavenger Hunt! These Terms of Service ("Terms") govern your use of the Scavenger Hunt mobile application (the "App") operated by Brawn Design, LLC ("we," "us," or "our").

By creating an account or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Eligibility

1.1 Age Requirements

To use the App, you must be:

• At least 13 years old in the United States
• At least 16 years old in the European Economic Area (EEA), United Kingdom, and South Korea
• At least the age of digital consent in your jurisdiction

1.2 Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials.

2. User Conduct

2.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Submit false, misleading, or fraudulent content
• Harass, bully, or threaten other users
• Upload inappropriate, offensive, or harmful content
• Attempt to gain unauthorized access to the App or other users' accounts
• Use automated means to access or interact with the App
• Interfere with the proper functioning of the App

2.2 Content Standards

All content you submit (including photos, chat messages, and hunt suggestions) must:

• Be your own original work or content you have permission to share
• Not contain nudity, violence, or graphic content
• Not promote illegal activities
• Not contain hate speech or discriminatory content
• Comply with the content standards described in this section

2.3 Photo Submissions and AI Processing

When submitting photos for scavenger hunt challenges, you explicitly acknowledge and agree to the following:

License Grant

• You grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and process your photos for scoring, app functionality, and service improvement

AI Processing Consent

• Your photos WILL BE transmitted to third-party artificial intelligence services (currently xAI/Grok) for automated analysis and scoring
• By submitting a photo, you consent to this transmission and AI processing as an essential function of the App
• AI analysis includes evaluating how well your photo matches the challenge requirements and generating a score

Third-Party Data Handling

• Your photos are processed by xAI as a data processor acting on our instructions, governed by a Data Processing Addendum (DPA). xAI is contractually obligated to process your data only for the purpose of providing the scoring service
• No use for training: xAI does not use API inputs (including your submitted photos) or outputs for internal AI training, model fine-tuning, or developing new products or services
• Automatic deletion: Submitted data (photos, prompts, and responses) is automatically deleted by xAI within 30 days, unless legally required to be retained, flagged for safety or compliance purposes, or otherwise agreed in writing

Your Responsibilities

• Only submit photos you have the right to share
• Do not submit photos containing sensitive personal information of others without their consent
• Do not submit photos containing content you would not want processed by third-party AI services

3. Leagues and Teams

3.1 League Participation

• Leagues are created and managed by commissioners
• Commissioners have authority to manage league membership and settings
• You agree to follow league-specific rules set by commissioners

3.2 Team Collaboration

• Team members can view shared content within their team
• Be respectful and collaborative with team members
• Do not share team strategies or content outside your team without permission

4. In-App Purchases

4.1 Purchases

• Some features require in-app purchases
• All purchases are processed through Apple App Store or Google Play Store
• Prices are displayed in your local currency

4.2 Subscriptions and Auto-Renewal

• Subscription purchases automatically renew at the end of each billing period unless you cancel before the renewal date
• You can manage and cancel subscriptions through your Apple App Store or Google Play Store account settings
• Cancellation takes effect at the end of the current billing period; you retain access until then
• Price changes will be communicated in advance; continued use after a price change constitutes acceptance

4.3 Refunds

Refund policies are governed by Apple App Store and Google Play Store terms. Contact the respective store for refund requests.

5. Intellectual Property

5.1 Our Content

The App, including its design, features, and content (excluding user-generated content), is owned by Brawn Design, LLC and protected by intellectual property laws.

5.2 Your Content

You retain ownership of content you create and submit. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and process your content for App functionality.

6. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and share your information.

7. Disclaimers

7.1 App Availability

The App is provided "as is" without warranties of any kind. We do not guarantee uninterrupted or error-free operation.

7.2 AI Scoring

AI-powered scoring is provided for entertainment purposes. Scores may not always perfectly reflect challenge completion.

7.3 User Content

We are not responsible for content submitted by users. Report inappropriate content through the App.

8. Limitation of Liability

To the maximum extent permitted by law, Brawn Design, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.

9. Account Termination

9.1 By You

You may delete your account at any time through the App settings. Account deletion is subject to a 30-day grace period.

9.2 By Us

We may suspend or terminate your account if you violate these Terms or engage in harmful behavior. We will provide notice when possible.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes through the App. Continued use after changes constitutes acceptance.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles.

11.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@brawndesign.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.

11.3 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

• Location: Arbitration shall take place in Lenawee County, Michigan, or at your election, may be conducted by phone, video conference, or based on written submissions
• Arbitrator authority: The arbitrator shall have exclusive authority to resolve any dispute, including questions of arbitrability
• Costs: If your claim is for less than $10,000, we will reimburse your filing fee and pay the AAA's arbitration costs. For claims above $10,000, costs are governed by the AAA Consumer Arbitration Rules
• Binding decision: The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction

11.4 Small Claims Court Exception

Notwithstanding Section 11.3, either party may bring an individual action in small claims court in Lenawee County, Michigan (or the small claims court nearest to your residence) for disputes within that court's jurisdictional limits.

11.5 Class Action Waiver

You and Brawn Design, LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement in Section 11.3 shall be void (but the remaining Terms shall remain in effect), and the dispute shall proceed in court.

11.6 Opt-Out Right

You may opt out of this arbitration agreement and class action waiver by sending written notice to support@brawndesign.com within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts of Michigan.

11.7 EEA/UK Users

If you are a consumer residing in the European Economic Area or United Kingdom, Sections 11.3, 11.5, and 11.6 do not apply to you. You may bring claims in the courts of your country of residence, and nothing in these Terms limits your rights under mandatory consumer protection laws in your jurisdiction. You may also be entitled to use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

12. Contact Us

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

Brawn Design, LLC
Email: support@brawndesign.com

Brawn Design, LLC
P.O. Box 127
Clinton, MI 49236

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By using Scavenger Hunt, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.