Terms of Service

These Terms of Service are an agreement between you and caspyr LLC (“caspyr”, “we”, or “us”), the company that runs the caspyr app. They cover the app and this website. Please read them. They’re written to be understood, but they’re still a legal agreement.

Our Privacy Policy explains what we collect, who sees it, and how long we keep it. Our Consumer Health Data Privacy Policy covers your step data in more detail.

1. Agreeing to these Terms

Under the Continue with Apple button, caspyr’s welcome screen says:

“By continuing, you agree to caspyr’s Terms of Service and Privacy Policy.”
“caspyr is for people 18 and older.”

By continuing past that screen, or by using caspyr in any other way, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use caspyr.

2. Who can use caspyr

You can use caspyr only if all of these are true:

You’re 18 or older. caspyr asks for your date of birth when you sign up, and where a state law requires it, it also asks Apple for your age range. Give your real date of birth.
You live in the United States. caspyr is offered only in the US, and daily matches run on the time zones of the lower 48 states (players in Alaska and Hawaii play on Pacific time).
You’re allowed to use caspyr under the law that applies to you.
We haven’t suspended or banned you before, unless we’ve told you that you can come back.

If we learn that someone under 18 has an account, we’ll suspend it.

3. What caspyr is

caspyr is a walking game for iPhone. Here’s how it works today:

One rival a day. Each night at 11:45 PM, caspyr pairs you with a rival in your time zone who is close to you in ELO, a rating like the one chess uses. Your match runs from midnight to midnight, your local time.
Steps from Apple Health. caspyr reads your step count from Apple Health automatically. Whoever has more steps when the match ends at midnight wins.
ELO and tiers. Wins raise your ELO and losses lower it. Your ELO puts you in a tier (Chud, Bronze, Silver, Gold, Platinum, or Diamond). If caspyr gets no steps from you for 5 full days, your ELO starts to drop a little each night, but never below where you started.
The Ladder. The Ladder ranks the top 100 active players by ELO for everyone to see.
Friends, friendly challenges, and chat. You can add friends by their exact username, challenge a friend to a friendly match (friendly matches never change ELO), and send text messages to your friends.

The app explains the full rules and may change them over time. caspyr is free to use. If we ever add paid features, they’ll be sold through Apple’s App Store, and you’ll see the price before you buy anything.

Some rivals may be computer-controlled

Some of your rivals may be computer-controlled, for example when no other player is a close enough match for you that night. Computer-controlled rivals aren’t marked as such in the app. Matches against them count the same way as any other match, including for your ELO.

caspyr is a social game. Before caspyr shares your steps with anyone, the app asks for your permission. Other players see your username and photo. Once you agree to share, they can also see information that comes from your steps, such as your step counts, ELO, and tier, depending on the feature. The Privacy Policy lists exactly who sees what.

There are two ways to stop sharing: turn off Steps for caspyr in the Health app, and caspyr gets no new steps after that; or delete your account, which also deletes the steps caspyr already has.

4. Your health and safety

caspyr is a game, not medical advice. It isn’t a medical device, and nothing in it is meant to diagnose, treat, or prevent any illness or condition. Step counts, ELO, and tiers are game scores, not measures of your health.

Talk to a doctor before you start a new exercise routine or walk much more than usual, especially if you have a health condition, are pregnant, or haven’t been active in a while.
Stop and get help if you feel pain, dizziness, chest pressure, or shortness of breath.
Know your limits. Don’t push through an injury, extreme heat or cold, or bad weather to win a match.
Watch where you’re going. Don’t look at your phone while crossing streets or driving, and walk only where you’re allowed to be.

You choose how, when, and where you walk, and you’re responsible for doing it safely.

5. Your account

Signing in. You sign in to caspyr with your Apple ID (Sign in with Apple). Keep your Apple ID and your iPhone secure, for example with a passcode, because anyone who can get into them may be able to use your caspyr account.
One person, one account. Each account is for one person. Don’t create more than one account, share your account, or sell, transfer, or lend it to anyone else.
Your username. Other players see your username, and it can’t be changed after you sign up. Pick one that follows the rules in section 8. We may turn down a username, and we may replace one that breaks these Terms with a new random username.
You’re responsible for your account. You’re responsible for what happens on your account. If you think someone else is using it, email us at support@caspyr.app.

6. Steps, results, and ratings

Tracking is automatic

caspyr counts steps only from Apple Health, using the same combined totals the Health app shows (so steps from an iPhone and an Apple Watch aren’t counted twice). You can’t enter steps in caspyr by hand. caspyr doesn’t control how Apple Health, your iPhone, or your watch count steps, and we can’t promise those counts are accurate.

Steps count once caspyr has them. Open the app before midnight to lock them in. Only steps that caspyr receives from your phone before a match ends count toward that match. If Apple Health access is off, or your phone doesn’t send caspyr your steps in time, some or all of your steps may not count.

Results and ratings may be corrected

We try hard to get every match right, but mistakes happen. If we find a bug, an outage, a wrong count, or cheating, we may correct, cancel, or recalculate matches, results, ELO, tiers, streaks, and Ladder ranks, and we may remove a player from the Ladder.

We don’t promise that you’ll get a match every day, that a real player will always be available, or that any feature will always work.

ELO, tiers, streaks, ranks, and badges are part of the game. They have no cash value, you can’t sell or trade them, and they aren’t your property.

7. Fair play

caspyr only works if everyone’s steps are real. Count only steps you actually walk. Don’t:

Add steps by hand in the Health app, or use another app or device that makes up steps.
Shake your phone or watch, attach it to a machine, a pet, or anything else, or have someone else carry it to run up your count.
Use more than one account, or work with another player to fix the outcome of a match.
Change your phone’s settings, such as its time zone, to get easier matches.
Take advantage of a bug instead of telling us about it.

If we believe you’ve cheated, we may cancel your results, reset your rating, remove you from the Ladder, or suspend or ban your account.

8. Rules for content and behavior

caspyr has zero tolerance for objectionable content and abusive users. These rules apply to everything you put on caspyr: your username, your profile photo, and your chat messages, as well as how you treat other players.

Don’t post, send, or do any of the following:

Threats and violence. Threatening anyone, or encouraging violence or self-harm.
Hate. Slurs, or attacking or demeaning people for their race, ethnicity, national origin, religion, disability, sex, sexual orientation, gender identity, or age.
Sexual content. Nudity, sexual images, or sexual messages.
Anything that sexualizes a minor, or tries to lure one. We report it to the National Center for Missing & Exploited Children (NCMEC), as US law requires, and keep the evidence the law requires us to keep.
Harassment. Bullying, stalking, repeated unwanted messages, or ganging up on someone.
Impersonation. Pretending to be another person, caspyr, Apple, or anyone who works for them.
Private information. Sharing someone else’s personal information, such as their address, phone number, or photos of them, without their permission.
Scams and spam. Ads, scams, phishing, or anything that tries to get money or information from other players.
Illegal activity. Anything that breaks the law or helps someone else break it, including selling drugs or weapons.
Other people’s work. Photos or other content you don’t have the right to share.
Cheating. Anything in section 7.

Also don’t misuse caspyr itself. Don’t copy, change, or take apart the app; don’t use scripts or other automated tools with it; don’t collect other players’ information; don’t try to get into another person’s account or into caspyr’s systems; don’t get around limits, blocks, or suspensions; and don’t do anything that could harm caspyr or overload it. Use caspyr only for your own personal, non-commercial use.

Automatic checks

To help keep caspyr safe, some content is checked automatically before other players see it. Usernames are checked against a list of words that aren’t allowed. Profile photos and chat messages are sent to an outside service (OpenAI) for a safety check, after you agree to it in the app; a photo or message that fails the check isn’t shown or sent. The Privacy Policy explains these checks. They catch a lot, but not everything. Passing a check doesn’t mean we’ve approved something, and you’re still responsible for what you post.

9. Reporting, blocking, and how we enforce the rules

Report and Block

You can report or block a player from their profile (tap your rival on Home, or View profile on a result), from a friend’s page, from a friend request (the “…” next to it), and inside a chat (the “…” at the top). In a chat you can also report a single message by pressing and holding it. Blocking hides that player’s name and photo from you, ends your friendship and any friendly challenge not yet played, and means you’ll never be matched with them again. If they’re your rival today, today’s match still counts. They aren’t told. To tell us about something else, such as a name or photo you saw on the Ladder, email support@caspyr.app.

We review reports within 24 hours. A report about a friend, from a chat or from their page, sends us your chat’s recent messages so we can see what happened.

What we do

When content or behavior breaks these Terms, we may, with or without warning:

remove a profile photo or a chat message,
replace a username,
suspend or permanently ban an account,
keep records and evidence, and report what happened to NCMEC or law enforcement when the law requires it or when someone may be in danger.

We decide what breaks these Terms, and we may act on things these Terms don’t list. If your account is suspended, you’ll see a screen saying so, and you can still sign out or delete your account. If you think we made a mistake, email support@caspyr.app. Don’t create a new account to get around a suspension or ban.

caspyr isn’t an emergency service, and we don’t watch chats as they happen. If someone is in danger, call 911. If you or someone you know is thinking about suicide, call or text 988 to reach the 988 Suicide & Crisis Lifeline.

10. Your content

Your content is your username, your profile photo, and your chat messages. You keep any rights you have in it.

So that caspyr can work, you give caspyr LLC a non-exclusive, royalty-free, worldwide license to store, copy, process, and display your content, and to send it to the service providers that help run caspyr (for example, for the safety checks in section 8). We use this license only to run and protect caspyr: to show your username and photo to other players where the app shows them, to deliver your messages to your friends, to handle reports, and to keep the records the law requires. The license ends when you delete the content or your account, except for copies kept for reports, legal reasons, and backups, as the Privacy Policy describes.

You promise that you have the right to share your content and that it follows these Terms. We don’t have to keep or show any content, and we may remove it at any time.

If you send us ideas or feedback, we may use them without owing you anything.

11. caspyr’s app and content

caspyr, including the app, its design, the tier badges, and the photos and videos in it, belongs to caspyr LLC or to the people who license their work to us. Some of the photos and videos are used under licenses from their photographers.

We give you a personal, limited, non-transferable, revocable license to use the caspyr app on an Apple device you own or control, for your own non-commercial use, under these Terms and Apple’s rules (section 18). We may end this license if you break these Terms. Everything we don’t expressly give you, we keep.

12. Copyright complaints

We respect copyright, and we ask players to do the same. If you believe something on caspyr, such as a profile photo, a username, or a chat message, infringes your copyright, email a notice to support@caspyr.app with “Copyright notice” in the subject line. Under the Digital Millennium Copyright Act (DMCA), your notice must include:

Your physical or electronic signature (for example, your full name typed at the end of the email).
A description of the copyrighted work you believe was infringed.
A description of the material you believe infringes it and where it is on caspyr, with enough detail for us to find it (for example, the player’s username, whether it’s their photo, their username, or a message, and the date you saw it).
Your name, mailing address, phone number, and email address.
A statement that you believe in good faith that the use isn’t authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, under penalty of perjury, that you’re the copyright owner or are authorized to act for the owner.

If you knowingly misrepresent that something infringes, you may be liable for damages. When we receive a notice that meets these requirements, we act quickly to remove the material or block access to it, and we may let the player who posted it know.

Counter-notices

If your content was removed because of a copyright notice and you believe that was a mistake, you can email a counter-notice to support@caspyr.app with “Copyright counter-notice” in the subject line. It must include:

Your physical or electronic signature.
A description of the material that was removed and where it appeared before it was removed.
A statement, under penalty of perjury, that you believe in good faith that the material was removed or disabled because of a mistake or misidentification.
Your name, mailing address, and phone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is, and that you’ll accept service of process from the person who sent the original notice or their agent.

We’ll send your counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they’ve filed a court action to stop the infringement, we’ll restore the material, or let you post it again, 10 to 14 business days after we receive your counter-notice.

We suspend or ban the accounts of players who repeatedly infringe copyright, in appropriate circumstances.

13. Other services caspyr relies on

caspyr depends on Apple’s services, including Sign in with Apple, Apple Health, the App Store, and notifications, and on service providers that host caspyr, run its safety checks, deliver its notifications, and report crashes. The Privacy Policy lists them. Your use of Apple’s services is also covered by Apple’s own terms, and you’re responsible for following any other terms that apply to how you use caspyr, such as your wireless data plan. We aren’t responsible for services we don’t run.

14. Ending your account

You can leave at any time

You can delete your account in the app at any time: tap the gear at the top right of Profile to open Settings, then tap Delete account. Deleting your account deletes your steps, your photo, your chat messages, and the rest of your personal information, except what we keep for reports, legal reasons, and backups, as the Privacy Policy describes. It can’t be undone. If you delete your account during a match, your rival wins that match. Deleting the app from your phone doesn’t delete your account.

We can end or suspend your account

We may suspend or end your account, or your access to any part of caspyr, if you break these Terms, if the law requires it, if we need to protect other players or caspyr, or if we stop offering caspyr. If we shut caspyr down completely, we’ll try to tell you in the app before we do.

The parts of these Terms that by their nature should last after your account ends still apply, including sections 6 (what ELO and ranks are worth), 10, 12, and 16 through 21.

15. Changes to caspyr and to these Terms

caspyr is still growing. We may add, change, or remove features, rules, and limits at any time.

We may also update these Terms. When we make a change that matters, caspyr shows a “We updated our Terms” screen the next time you open it, and you choose “I agree” to keep playing. From that screen you can also sign out or delete your account instead. We post every version here with its effective date at the top. If you keep using caspyr after a change takes effect, the new Terms apply to you.

16. Disclaimers

caspyr is provided “as is” and “as available”. To the fullest extent the law allows, caspyr LLC makes no promises or warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In plain words: we work hard on caspyr, but we can’t promise that it will always be available, free of bugs, or secure, that step counts, results, or ratings will always be accurate, that you’ll be matched every day, or that you’ll get along with other players. We aren’t responsible for what other players say or do. You use caspyr, and walk, at your own risk.

Some states don’t allow some of these disclaimers, so some of them may not apply to you.

17. Limitation of liability

To the fullest extent the law allows, caspyr LLC and its owners and members won’t be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or loss of goodwill, arising from or related to caspyr or these Terms, even if we were told they were possible. To the fullest extent the law allows, our total liability for all claims arising from or related to caspyr or these Terms is limited to the greater of $100 or the amount you paid us in the 12 months before the claim.

These limits apply whatever the legal theory, including contract, negligence, or product liability. They don’t limit liability that the law doesn’t allow to be limited, such as, in some states, liability for gross negligence, intentional misconduct, or personal injury, and some states don’t allow some of these limits, so some of them may not apply to you.

If you break these Terms or the law, and someone brings a claim against caspyr LLC because of it, you agree to cover our reasonable costs of that claim, including reasonable attorneys’ fees, to the extent the law allows.

18. Apple’s App Store

caspyr is distributed through Apple, so Apple asks us to include these terms. They apply in addition to the rest of these Terms:

These Terms are between you and caspyr LLC only, not Apple. We, not Apple, are solely responsible for caspyr and its content.
Your license to use caspyr is limited to using it on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. Those rules may also let other accounts in your Family Sharing group download caspyr, but each person still needs their own caspyr account and must be 18 or older. Nothing in these Terms is meant to conflict with Apple’s Usage Rules.
Apple has no obligation at all to provide maintenance or support for caspyr.
If caspyr fails to meet any warranty that applies to it, you may tell Apple, and Apple will refund the price you paid for caspyr, if any (caspyr is free). To the fullest extent the law allows, Apple has no other warranty obligation for caspyr, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to meet a warranty are our responsibility, to the extent these Terms don’t disclaim them.
We, not Apple, are responsible for handling any claims by you or anyone else about caspyr or your use of it, including product liability claims, claims that caspyr fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws, including in connection with Apple’s HealthKit.
If anyone claims that caspyr, or your having or using it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling, and resolving that claim.
You confirm that you aren’t located in a country that is subject to a US government embargo or that the US government has designated as a “terrorist supporting” country, and that you aren’t on any US government list of prohibited or restricted parties.
You must follow any third-party terms that apply when you use caspyr, such as your wireless data plan.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is considered to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints, or claims about caspyr go to caspyr LLC at support@caspyr.app.

19. Illinois law and disputes

These Terms are governed by the laws of the State of Illinois and applicable US federal law, without regard to conflict-of-law rules. If you have a problem with caspyr, please email us first at support@caspyr.app; most problems can be worked out that way.

If we can’t work it out, any lawsuit about caspyr or these Terms must be brought in the state courts located in Cook County, Illinois, or in the United States District Court for the Northern District of Illinois, and you and we agree to those courts’ jurisdiction. Either of us may instead bring a claim in small claims court in the county where you live, if it qualifies. Nothing in these Terms takes away any rights you have under the consumer protection laws of the state where you live that can’t be waived by agreement.

20. General terms

Whole agreement. These Terms, together with the Privacy Policy and the Consumer Health Data Privacy Policy, are the whole agreement between you and us about caspyr.
If part doesn’t hold up. If a court decides that part of these Terms can’t be enforced, that part is changed only as much as needed to make it enforceable, and the rest stays in effect.
No waiver. If we don’t enforce part of these Terms right away, we can still enforce it later.
Transfers. You can’t transfer these Terms or your account to anyone else. We may transfer these Terms, for example if caspyr is sold, merged, or reorganized, or moves to a different company we control.
Things outside our control. We aren’t responsible for delays or failures caused by things we can’t reasonably control, such as outages at Apple or our service providers, network failures, or natural disasters.
Headings. Headings are only there to make these Terms easier to read.

21. Contact us

For questions about these Terms, help with your account, reports, or copyright notices, email support@caspyr.app. For anything else, including business questions, email hello@caspyr.app. You can also reach us from Contact support in the app’s Settings.

caspyr is operated by caspyr LLC.