Terms of service

1. Operator information

Chaltra is operated by Kevin Pugliese, a sole proprietor based in the province of Quebec, Canada.

In these terms, "we", "us" and "our" mean Kevin Pugliese. "You" means the person using Chaltra. "Chaltra" or "the service" means the iPhone app, the chaltra.com website, public challenge pages, and anything else we offer under the Chaltra name.

You can reach us at hello@chaltra.com.

2. Acceptance of these terms

By creating an account, continuing as a guest, or simply using Chaltra, you agree to these terms and to our privacy policy, which is part of this agreement by reference.

If you do not agree with any part of these terms, do not use Chaltra. If you have already installed it, delete it.

If you are agreeing on behalf of a company or another organisation, you confirm that you are allowed to bind it, and "you" then means that organisation as well.

3. Eligibility and age requirements

You must be at least 13 years old to use Chaltra. If you are in the European Economic Area, you must be at least 16, or the lower age your country sets where it sets one.

If you are under the age of majority where you live, you may use Chaltra only with the involvement of a parent or legal guardian, who agrees to these terms with you and is responsible for your use of the service.

You must not be barred from using Chaltra under the laws of your country or of Canada, and you must not be on any government list of prohibited or restricted parties.

By using Chaltra you confirm that all of this is true.

4. Nature of the service

Chaltra is a challenge tracker. You set a goal with a target, you log progress toward it, and Chaltra draws a picture that fills as you go. You can export that picture as an image or a short video and share it wherever you like.

Chaltra is a tool for recording numbers you enter and drawing them. It is not a measuring device, a coach, a medical device, a financial service, or a professional adviser of any kind.

The pledge you can sign when you start a challenge is a promise to yourself. It is not a contract with us or with anyone else, and nobody but you can see it unless you choose to show it.

Chaltra runs on iPhone. There is no Android app and no web app you can sign in to. If we ever change that, these terms will cover the new platform too.

Some features are free and some require a paid subscription. Which is which can change over time, and the app always shows you the line before you hit it.

5. User accounts

You can use Chaltra as a guest, with no account at all. If you would rather have an account, you can create one with Sign in with Apple or with Google.

You are responsible for keeping access to your account secure, including the Apple or Google account behind it. Anything done through your account is treated as done by you.

You agree to give accurate information and to keep it current. Do not impersonate anyone, and do not create an account for someone else without their permission.

One person, one account. Do not share an account, sell it, or transfer it to anyone.

Your username is a public handle and becomes visible on any challenge you publish. Do not pick a username that impersonates another person or organisation, that is offensive, or that is chosen to squat a name you have no connection to. We may reclaim or change a username that breaks this.

Tell us at hello@chaltra.com if you believe someone has used your account without permission.

6. Guest mode, local data and backups

As a guest, and as a signed-in user without a subscription, your challenges and progress are stored only on your iPhone. They are never sent to our servers. This is deliberate and it is explained fully in the privacy policy.

The consequence is yours to carry. We cannot recover data we never had. If you delete the app, change phones, or lose the device, that data is gone unless it is inside a backup you made yourself.

Cloud sync is a paid feature. Subscribing and signing in copies what is on your device up to our servers so that it syncs across your devices, and it keeps syncing while both remain true.

If your subscription lapses, your data stays on the device and stops syncing. It is not deleted by us.

Keep your own record of anything you cannot afford to lose. This applies to every user, on every tier.

7. Electronic communications

By using Chaltra you consent to receive communications from us electronically, including by email and through the app.

You agree that any notice, agreement, disclosure or other communication we send you electronically satisfies any legal requirement that it be in writing.

We send service messages when we need to, such as a change to these terms, a security notice, or a reply to something you asked. You cannot opt out of essential service messages while you have an account, though you can close the account at any time.

Reminders are notifications your own phone raises. They are separate from this, and you control them entirely.

8. Prohibited uses

Use Chaltra for tracking your own goals. Do not do any of the following.

• Break the law, or use Chaltra to help anyone else break it.
• Upload, publish or transmit anything unlawful, hateful, harassing, defamatory, obscene, sexually explicit, or that promotes violence or self-harm.
• Publish anything that infringes someone else's copyright, trademark, privacy or other rights.
• Impersonate anyone, or misrepresent your connection to a person or organisation.
• Reverse engineer, decompile, or attempt to extract the source code of the app, except to the extent that law expressly permits it.
• Probe, scan or test the security of our systems, or bypass any limit, lock or entitlement check.
• Access, or try to access, another person's account or data.
• Use bots, scrapers or automated tools against our servers or against public challenge pages, or take content from them in bulk.
• Resell, sublicense, rent or otherwise commercially exploit Chaltra or any part of it without our written permission.
• Interfere with the service, overload it, or do anything that degrades it for other people.
• Upload or send malicious code, or anything designed to harm a device or a system.
• Use Chaltra to collect personal information about other people.
• Remove, obscure or alter the chaltra.com wordmark on an exported image or video.

We can suspend or terminate an account that does any of this, and we can do it without notice where the harm is ongoing.

9. User-generated content

Your challenges, their titles and descriptions, your data source names, your progress values and your username are your content. You keep every right you have in them. We claim no ownership.

You are responsible for your content and for having the right to use it. Do not put anything into Chaltra that you would not be allowed to write down and publish.

So that we can actually run the service, you grant us a worldwide, non-exclusive, royalty-free licence to store, copy, transmit and display your content, strictly for the purpose of operating Chaltra for you. If you publish a challenge, that licence extends to displaying it publicly on chaltra.com and to generating a preview image for link previews. The licence ends when you delete the content or your account, apart from copies that remain in routine backups until they rotate out.

We do not review content before it is published. We may remove content that breaks these terms or the law, and we may do so without notice where the content is clearly harmful.

If you believe content on a public Chaltra page infringes your rights, write to hello@chaltra.com with enough detail to identify the page and the right you hold, and we will look into it.

10. Public challenge pages

Publishing is optional, it is a paid feature, and nothing is public until you switch it on.

When you publish, your challenge gets a page on chaltra.com that anyone with the link can open. Its title, description, target, dates, day-by-day progress, picture, data source names and your username all become public. Nothing else does.

You confirm that you have the right to publish what you publish, and that doing so does not break anyone else's rights or any law.

You can unpublish from the same switch. That takes the page down and deletes the stored preview image, but it cannot recall copies that already exist. Caches, search engines, social networks, link preview services and other people's screenshots are outside our control and outside our ability to undo.

We may take down a published page that breaks these terms, without notice where the content is clearly harmful.

Public pages are part of Premium. If your subscription ends, your pages pause and show none of their content until you subscribe again. We do not keep them live for a subscription that has ended.

Publishing does not create an obligation for us to keep a page online, at a particular address, or forever.

11. Feedback and suggestions

If you send us feedback, a feature idea, a bug report or any other suggestion, you give us the right to use it freely, without restriction, without payment, and without any obligation to credit you.

This is not us taking your ideas. It is us being able to act on "you should let people do X" without a later argument about who owns X.

Feedback is not confidential, so please do not send us anything you need kept secret.

12. Subscriptions and automatic renewal

Chaltra is free to download and free to use. Some features require a paid subscription, and the app shows you what those are before you are asked to pay.

All payments are handled by Apple through in-app purchase. We never see or hold your payment details.

Payment is charged to your Apple account when you confirm the purchase.

The price, the billing period and any introductory offer are shown in the App Store purchase sheet before you confirm. Prices differ by country and can change; a change never applies to a period you have already paid for.

Subscriptions renew automatically. Your Apple account is charged for the next period within twenty-four hours before the current one ends, at the then-current price, and this continues until you cancel.

To cancel, open Settings on your iPhone, tap your name, then Subscriptions. Cancelling stops the next charge. It does not shorten the period you have already paid for, and you keep paid features until that period ends.

Cancel at least twenty-four hours before the period ends, or the next one will already have been charged.

If a free trial is offered, it turns into a paid subscription when it ends unless you cancel at least twenty-four hours before, and any unused part of it is forfeited when you buy a subscription.

Some offers are shown once and for a limited time, such as a lower yearly price after you close the first paywall. An offer that has ended cannot be claimed later.

Deleting your Chaltra account does not cancel your subscription. Only Apple can stop the billing, so cancel it with Apple first.

If a payment fails, paid features stop working until the payment is fixed. Your data stays where it is.

13. One-time purchases

Chaltra may offer Premium as a one-time purchase: a single payment, with nothing that renews. It unlocks the same Premium features as a subscription. The price and what it includes are shown in the App Store purchase sheet before you confirm.

“One time” and “lifetime” mean the life of the app, not the life of the person who bought it. The purchase lasts for as long as we go on offering Chaltra. It is not a promise that Chaltra will exist for any particular length of time, and nothing here sets a minimum.

It also depends on Apple. The purchase is tied to the Apple account that made it, and you restore it on a new device with Restore Purchases. It cannot be transferred, sold or shared, and deleting your Chaltra account does not remove it from your Apple account. If Apple stops distributing the app, or your device or its operating system stops being able to run it, the purchase cannot outlive that.

Premium is a set of features, and features can change. We may add, change or remove them, as described in the section on modifications, and that applies to a one-time purchase exactly as it applies to a subscription.

If we stop offering Chaltra, or stop offering it where you live, your access ends when the service ends. We do not owe you a refund, a credit, a replacement or a payment for the part you did not use, and a one-time purchase does not become a debt. Before that happens we will give reasonable notice and a way to get your data out.

Where the law where you live gives you a mandatory right to a refund or another remedy, that right applies and nothing here removes it.

14. Refund policy

We cannot issue refunds. Every payment goes through Apple, Apple holds the money, and only Apple can return it.

Refund requests go to Apple, under Apple's own policy, at reportaproblem.apple.com. Apple decides, not us.

A one-time purchase works the same way: Apple holds the money, Apple decides, and Apple applies its own time limits, which are short. Once we have stopped offering Chaltra there is nothing left for us to refund.

We do not offer partial refunds for an unused part of a billing period, and cancelling mid-period does not produce a credit.

Where the law where you live gives you a mandatory right to cancel or to a refund, that right applies and nothing here removes it. Tell us and we will help you claim it with Apple.

• Apple refund requests: https://reportaproblem.apple.com

15. Accuracy of tracking and progress pictures

Chaltra records the numbers you type in. It does not measure anything.

The app has no sensor, no connection to a fitness tracker, no bank feed and no integration that verifies a value. If you log 5 kilometres, Chaltra draws 5 kilometres, whether or not you ran a step.

The picture is a drawing of your own entries. It shows how full your target is according to what you logged, and nothing more. Percentages, totals, counts of days and the day-by-day playback are all derived from those entries and inherit any mistake in them.

Rounding, decimals, time zones and the date a value is filed against can all make a number on screen differ slightly from what you expected. Do not use Chaltra as a system of record for anything where an exact figure matters, such as accounting, medication, or a legally required log.

A published page shows the same entries to other people. It is not verified, it is not proof of anything, and it should not be presented as evidence that something was done.

We do not promise that the app's totals are error free, and we are not liable for a decision you or anyone else makes based on them.

16. No guaranteed results

Chaltra does not promise that you will reach a goal, build a habit, save money, get fit, or change anything about your life.

It is a tracker. Whether a challenge produces a real-world outcome depends on you, on your circumstances, and on things neither of us controls.

Anything you see in our marketing, on the blog, or on a public challenge page is an illustration of how the app works, not a prediction of what will happen to you, and not a typical result.

You use Chaltra because you want to see your own progress, not because we have told you where it leads.

17. Not professional advice

Nothing in Chaltra, and nothing on chaltra.com, is medical, health, mental health, financial, investment, legal, tax or other professional advice.

Chaltra is not a medical device and is not intended to diagnose, treat, cure or prevent any condition.

If a challenge you set touches your health, your body, your money or your legal position, speak to a qualified professional and follow their advice over anything the app implies. Do not delay or ignore professional advice because of something you tracked here.

If you are in crisis or think you may be having a medical emergency, contact your local emergency service immediately.

18. Assumption of risk and your responsibility

You choose your own challenges. What you decide to do, and how hard you push, is yours to judge.

Physical challenges carry physical risk. Financial challenges carry financial risk. Chaltra has no way to know whether a target you set is safe or sensible for you, and it will happily draw a picture of a target that is neither.

You accept full responsibility for the challenges you set, the actions you take toward them, and the consequences of both. To the fullest extent the law allows, you use Chaltra at your own risk.

You are also responsible for anything you publish or export and post elsewhere, including how the people who see it react to it.

19. Service availability and technical issues

We try to keep Chaltra working and available, but we do not promise that it will be available at any particular time, uninterrupted, or free of errors.

The app is built to work offline, so most of it keeps running without a connection. Cloud sync, publishing and public pages need the network and our providers, and any of those can fail.

We may take the service down for maintenance, updates or repairs, with or without notice.

Bugs happen, and data can be lost through a bug, a device failure, a provider outage or your own action. Keep your own record of anything you cannot afford to lose.

We are not responsible for problems caused by your device, your operating system version, your network, or a third-party service we depend on.

20. Modifications to the service

We may add features, change features, or remove them. We may change which features are free and which need a subscription.

If we remove or materially limit something you are currently paying for, we will tell you before it happens, and you can cancel your subscription if you no longer want it.

We may set or change limits on the service, such as how many challenges can be active on the free tier.

We may discontinue Chaltra entirely. If we do, we will give reasonable notice and a way to get your data out. This is true whether you pay weekly, monthly, yearly or once; a one-time purchase is not refunded for the time that is left. See the section on one-time purchases.

We are not liable to you or anyone else for a change to, or the discontinuation of, the service.

21. Account termination and deletion

You can stop using Chaltra whenever you like. You can delete your account from inside the app, under Settings, and you can delete the app itself.

Deleting your account removes your profile, your challenges and your progress from our database, takes any published page down, and clears your challenges from the app on your phone. It does not cancel your subscription, which only Apple can do.

We may suspend or terminate your account if you break these terms, if we are required to by law, or if keeping the account open would expose us or other users to harm. Where we can, we will tell you why.

If we terminate an account for a reason that is not your fault, and you had a paid period remaining, contact us and we will help you seek a refund from Apple.

Termination does not entitle you to a refund of amounts already paid, including a one-time purchase, except where the law says otherwise.

Sections that by their nature should outlive the account do so. See the section on survival.

22. Intellectual property

Chaltra, including the app, the website, the visualisations, the code, the designs, the name and the logo, belongs to Kevin Pugliese and is protected by copyright, trademark and other laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the app on a device you own or control, for your own personal, non-commercial use, in line with these terms and with Apple's Licensed Application End User Licence Agreement.

That licence gives you no right to copy, modify, distribute, sell or lease any part of Chaltra, and no right to use the Chaltra name or logo without our written permission.

The picture your challenge produces is yours to use, including commercially, including in a post that makes you money. The picture is your data. What you may not do is strip the chaltra.com wordmark off it, or present the app itself as your own product.

All rights not expressly granted here are reserved.

23. Third-party links and content

Chaltra and the website may link to services we do not run, including the App Store, our service providers' own pages, and anywhere a shared image ends up.

We do not control those services, we do not endorse them by linking to them, and we are not responsible for their content, their practices or their privacy policies.

Your dealings with a third party are between you and them. Read their terms.

Chaltra depends on services run by Apple, Supabase, RevenueCat, Google and Cloudflare. Their availability is not something we control, and an outage at one of them can affect Chaltra.

24. Ads and ad measurement

Chaltra shows no ads.

We pay for ads in other places, such as Apple Search Ads, and Facebook and Instagram, which Meta runs, and we measure whether they work. The app asks for your permission, through Apple's tracking prompt, before your device's advertising identifier is used for that. Saying no changes nothing else in the app.

Our privacy policy says what is collected, who receives it, and how to change your answer.

25. Disclaimer of warranties

Chaltra is provided "as is" and "as available", with all faults and without warranty of any kind.

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

We do not warrant that Chaltra will meet your requirements, that it will be uninterrupted, timely, secure or error free, that any defect will be corrected, or that the data it shows you is accurate or complete.

No advice or information you get from us, in any form, creates a warranty that is not stated here.

Some jurisdictions do not allow the exclusion of implied warranties, so some of this may not apply to you. In Quebec and elsewhere, nothing here removes a warranty that mandatory consumer protection law gives you.

26. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or the cost of substitute services, however caused and under any theory of liability, even if we have been told such damages were possible.

Our total liability to you for all claims arising out of or relating to Chaltra, taken together, is limited to the greater of the amount you actually paid us in the twelve months before the event giving rise to the claim, or one hundred United States dollars.

This limit applies to every kind of claim, whether in contract, warranty, tort, negligence, strict liability or otherwise, and it survives the failure of any limited remedy.

These limits are a fundamental part of the deal between us. Chaltra is offered at the price it is offered at because of them.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this may not apply to you, and nothing here limits liability for gross negligence, wilful misconduct, fraud, death or personal injury caused by our negligence, or anything else that cannot be limited by law.

27. Indemnification

You agree to defend, indemnify and hold harmless Kevin Pugliese from any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or related to your use of Chaltra, your content, anything you publish, your breach of these terms, or your violation of any law or of anyone else's rights.

We may take over the defence of any matter subject to this indemnity at your expense, and you agree to cooperate with us if we do. You will not settle any matter in a way that imposes an obligation on us without our written consent.

This obligation survives the end of your account.

28. Changes to these terms

We may update these terms as Chaltra changes or as the law requires. The date at the top of this page always reflects the current version.

For a material change we will give notice in the app or by email before it takes effect, and we will give you reasonable time to read it.

Continuing to use Chaltra after a change takes effect means you accept the new terms. If you do not accept them, stop using Chaltra and delete your account.

We will not apply a change retroactively to a dispute that already exists between us.

29. Governing law and jurisdiction

These terms are governed by the laws of the province of Quebec and the federal laws of Canada that apply there, without regard to conflict of law rules.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the dispute resolution section below, the courts of the judicial district of Montreal, Quebec, Canada have exclusive jurisdiction, and you consent to that jurisdiction and venue.

If you are a consumer, nothing here deprives you of the protection of the mandatory rules of the country where you live, including your right to bring proceedings there where local law gives you that right. Quebec residents keep every right the Consumer Protection Act gives them, including the right to bring an action before the courts of Quebec.

30. Force majeure

We are not liable for any failure or delay caused by something outside our reasonable control.

That includes natural disasters, fire, flood, epidemic, war, terrorism, civil unrest, labour disputes, government action, changes in law, power failures, internet or telecommunications failures, cyber attacks, and the failure or discontinuation of a service provider we depend on.

If such an event continues for a long time and makes it impossible for us to provide Chaltra, we may suspend or end the service, and we will tell you as soon as we reasonably can.

31. Dispute resolution and class action waiver

If something goes wrong, email hello@chaltra.com first. Most problems are a misunderstanding or a bug, and both are faster to fix by writing than by filing anything. We will try in good faith to resolve it within sixty days.

If that does not work, any dispute arising out of or relating to these terms or to Chaltra is to be resolved individually, in your own name, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.

To the fullest extent permitted by law, you and we each waive any right to a trial by jury and any right to participate in a class action against the other.

You have one year from the date a claim arises to bring it, unless the law where you live gives you longer, in which case the longer period applies.

This section has limits, and we would rather state them than have you discover them. Quebec's Consumer Protection Act and similar consumer laws elsewhere restrict how far a class action waiver can bind a consumer. Where such a law applies to you, it wins, and this section applies only to the extent the law allows.

32. Your representations and warranties

By using Chaltra you represent and warrant that all of the following are true.

• You meet the age requirements in these terms.
• You have the legal capacity to enter into this agreement, or a parent or guardian has entered into it with you.
• The information you give us is accurate and you will keep it accurate.
• You own or have the rights to any content you put into Chaltra or publish through it.
• Your use of Chaltra will comply with these terms and with every law that applies to you.
• You are not located in a country subject to a Canadian or United States embargo, and you are not on any government list of prohibited or restricted parties.

33. Waiver

If we do not enforce a right or a provision of these terms, that is not a waiver of it. We can still enforce it later.

A waiver is only effective if we give it in writing, and a waiver on one occasion does not waive anything on any other occasion.

34. Assignment

You may not assign or transfer these terms, or any right or obligation under them, without our prior written consent. Any attempt to do so is void.

We may assign these terms, in whole or in part, without restriction, including to a successor in connection with a merger, acquisition, reorganisation or sale of assets. These terms bind and benefit any permitted successor.

35. Survival

Any provision that by its nature should survive the end of this agreement does so.

That includes at least: user-generated content licences already granted, feedback and suggestions, intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, dispute resolution and class action waiver, waiver, assignment, severability and entire agreement.

36. Severability

If any provision of these terms is found to be unlawful, void or unenforceable, that provision is severed or limited to the minimum extent necessary, and the rest of the terms stay in full force.

Where a provision can be read in a way that is enforceable and close to what was intended, it is to be read that way rather than struck out.

37. Entire agreement

These terms, together with the privacy policy and any additional terms shown to you inside the app, are the entire agreement between you and us about Chaltra.

They replace any earlier agreement, understanding, proposal or statement about the same subject, whether written or spoken.

Section headings are for convenience only and do not affect how a section is interpreted.

If there is a conflict between these terms and Apple's Licensed Application End User Licence Agreement, Apple's terms govern for the parts they cover, and these terms govern everything else.

38. Apple App Store terms

Chaltra is distributed through the Apple App Store, so the following applies and Apple requires it.

• This agreement is between you and us, not between you and Apple. Apple is not responsible for Chaltra or its contents.
• Your licence to use Chaltra is limited to a non-transferable licence to use it on an Apple-branded device you own or control, as set out in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide maintenance or support for Chaltra.
• If Chaltra fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility.
• Apple is not responsible for addressing any claim you or a third party has about Chaltra, including product liability claims, any claim that Chaltra fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• If a third party claims that Chaltra infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a United States government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and Apple has the right to enforce them against you as a third-party beneficiary once you accept them.

Questions, complaints and support requests about Chaltra go to us at hello@chaltra.com, not to Apple.

39. Contact us

Kevin Pugliese, sole proprietor, Quebec, Canada.

Email: hello@chaltra.com. Write in English or in French. We answer in whichever you used.

For a legal notice, please put the word LEGAL in the subject line so it does not sit behind a week of feature requests.