To all users:
Registration: Parts of the Services require registration in order to access and/or use. By using the Services, you represent that you are of legal age to acquire the goods/services you are seeking through the Website. By registering as a subscriber to the Service(s) or completing any other registration, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.
Right to Refuse Your Registration: We retain sole discretion in determining whether to accept or refuse your request for a registration to Chalenj without the need to provide explanation. Chalenj has no liability whatsoever for such refusal.
No Liability for Access by Minors: Chalenj is not responsible for determining the age of its users and has no liability whatsoever should a minor use the Service, regardless of whether the minor’s use of the Service would otherwise be prohibited due to the minor’s age.
We agree to provide you with the Chalenj Service. The Service includes all of the Chalenj features, applications, services, technologies, and software that we provide for Authors to share content to challenge an End User to achieve a desired outcome. The Service is made up of the following (the Service):
Author a Chalenj
Authors use the Chalenj software or a Chalenj consultant to put their content into the form of a Chalenj that they then can deploy to an End User audience or publicly for anyone to view and attempt.
● End User
End users will be invited to attempt a Chalenj or may view and attempt a public Chalenj.
Fostering a positive, inclusive, and safe environment.
We develop and use tools and offer resources to our users that help to make their experiences positive and inclusive. We work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We may share information about misuse or harmful content with law enforcement. Learn more in the Data Policy.
Developing and using technologies that help us consistently serve our growing community.
Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service for a broad global community. Automated technologies also help us ensure the functionality and integrity of our Service.
Ensuring a stable infrastructure for our Service.
To provide our Service, we must store and transfer data across systems around North America and possibly the world. Most likely this will be outside of your country of residence.
Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information. It explains the ways you can control your information, including the Chalenj Privacy and Security Settings. You must agree to the Data Policy to use Chalenj.
Who Can Use Chalenj?
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. You need to commit to a few restrictions in order to be part of the Chalenj community.
● You must be at least 13 years old.
● You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
● We must not have previously disabled your account for violation of law or any of our policies.
● You must not be a convicted sex offender.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service.
● We do not claim ownership of your content that you post on or through the Service, but you grant us a license to use it. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account.
● You give us permission to show your username and profile picture on the Chalenj platform, when applicable, without any compensation to you.
Additional Rights We Retain
● If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
● You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
● You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
● Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and all points below will still apply even after your account is terminated or deleted.
● If any aspect of this agreement is unenforceable, the rest will remain in effect.
● Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
● We reserve all rights not expressly granted to you.
Rights Under this Agreement.
● This agreement does not give rights to any third parties.
● You cannot transfer your rights or obligations under this agreement without our consent.
● Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time.
TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
● We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
● Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
● You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
● Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Chalenj ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Chalenj users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
● Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Chalenj account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Chalenj LLC. ATTN: Chalenj Arbitration Opt-out, 1400 Picardy Lane, Hoffman Estates, IL 60192.
● Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Chalenj account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Chalenj LLC., ATTN: Chalenj Arbitration Filing, 1400 Picardy Lane, Hoffman Estates, IL 60192. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Chalenj account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
● We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $50,000 and you timely provide us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
● For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Northern Illinois or a state court located in Cook County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
● The laws of the State of Illinois, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Help monitor these terms on the platform:
You may provide personal information which is stored in Chalenj. Only authorized employees of Chalenj, LLC. and authorized designees of you will have access to this information.
Chalenj believes in protecting your privacy. When we collect personal information from you on our website or application, we comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union and Switzerland. We comply with Canada's Consumer Privacy Protection Act (CPPA), implemented via the broader Digital Charter Implementation Act. These are our promises to you:
● Notice. When we collect your personal information, we’ll give you timely and appropriate notice describing what personal information we’re collecting, how we’ll use it, and the types of third parties with whom we may share it.
● Choice. When applicable we’ll give you choices about the ways we use and share your personal information, and we’ll respect the choices you make.
● Relevance. We’ll collect only as much personal information as we need for specific, identified purposes, and we won’t use it for other purposes without obtaining your consent.
● Retention. We’ll keep your personal information only as long as we need it for the purposes for which we collected it, or as permitted by law.
● Accuracy. We’ll take appropriate steps to make sure the personal information in our records is accurate.
● Access. We’ll provide ways for you to access your personal information, as required by law, so you can correct inaccuracies.
● Security. We’ll take appropriate physical, technical, and organizational measures to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration, and destruction.
● Sharing. Except as described in this policy, we won’t share your personal information with third parties without your consent.
● International Transfer. If we need to transfer your personal information to another country, we’ll take appropriate measures to protect your privacy and the personal information we transfer.
● Enforcement. We’ll regularly review how we’re meeting these privacy promises, and we’ll provide an independent way to resolve complaints about our privacy practices.
To access your information, ask questions about our privacy practices, issue a complaint, or to remove and fully delete your personal data on Chalenj contact us at:
1400 Picardy Lane
Hoffman Estates, IL. 60192
Headquarters: (847) 624-9504
When you visit our website, we may collect usage information, such as the URL you came from, your IP address and domain type (e.g. .com or .org, etc.), your browser type and speed, general location of your server, and the pages of our site that were viewed during a visit. This information is used for internal purposes only and helps us to continually improve our website and service delivery.
We have installed robust firewalls to prevent external access into our systems. In addition, our servers are hosted at a leading third-party facility for added security and reliability.
This policy describes the information we process to support Chalenj LLC. You can find additional tools and information in the Chalenj Settings.
To provide the Chalenj Product, we must process information about you. The types of information we collect depend on how you use our product. You can learn how to access and delete information we collect by visiting the Chalenj Settings.
Things you and others do and provide.
● Information and content you provide.
We collect the content, communications and ot her information you provide when you use our Product, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide. Our systems automatically process content and communications you and others provide to drive the functionality of the Product.
● Your usage.
We collect information about how you use our Product, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities.
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Product, and we combine this information across different devices you use.
Information we obtain from these devices includes:
●Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
● Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
● Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Chalenj LLC associated with the same device or account).
●Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
● Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
● Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed.
● Cookie data: data from cookies stored on your device, including cookie IDs and settings.
We use the information we have (subject to choices you make) as described below to provide and support Chalenj LLC. Here's how:
Provide, personalize and improve our Product.
We use the information we have to deliver our Product, including to personalize features and content and make suggestions for you on and off our Product.
● Location-related information: We use location-related information -such as your current location to provide, personalize and improve our Product. This may include ads in the future. Location-related information can be based on things like; your zip code, precise device location (if you've allowed us to collect it) and IP addresses.
● Product research and development: We use the information we have to develop, test and improve our Product.
● Ads and other sponsored content: In the future, we may use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.
Promote safety, integrity and security.
We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Product, and promote safety and security on and off of our Product.
Communicate with you.
We use the information we have to communicate with you about our Product, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
Your information is shared with others in the following ways:
Sharing on the Chalenj LLC Product
People and accounts you share and communicate with
When you Share, Like or Rate using Chalenj, you are doing so to the public Chalenj audience. Public information can be seen by anyone, on or off our Product, including if they don't have an account. This includes your username; any information you share with a public audience, and content you share as a Chalenj. You, other people using Chalenj, and we can provide access to or send public information to anyone on or off our Product, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that may integrate with our Product.
Content others share or reshare about you
You should consider who you choose to share with, because people who can see your activity on our Product can choose to share it with others on and off our Product, including people and businesses outside the audience you shared with.
If the ownership or control of all or part of our Product or their assets changes, we may transfer your information to the new owner.
IV. Sharing with Third-Party Partners
We may work with third-party partners to help us provide and improve our Product. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide.
Law enforcement or legal requests.
We share information with law enforcement or in response to legal requests.
We provide you with the ability to access, rectify, port and erase your data.
We store data until it is no longer necessary to provide our services or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.
When you delete your account, we delete Chalenjs you have Authored and you won't be able to recover that information later. If you don't want to delete your content (i.e. a Chalenj) but want to temporarily stop using the Product, you can suspend your Chalenj account instead.
We access, preserve and share your information with regulators, law enforcement or others:
● In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
● When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Product, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Product), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Product.
If you have questions about this policy, you can contact us as described below.
Contact us online or by mail at:
ATTN: Privacy Operations
1400 Picardy Lane
Hoffman Estates, IL 60192
If you are a California resident, you can learn more about your consumer privacy rights by reviewing the California Privacy Notice.
Date of Last Revision: June 15, 2021