WinPushUp
Terms of Use and Sale
1. Purpose
These terms govern the use of the WinPushUp iPhone app (the "App") and the website https://winpushup.fr, as well as the Pro subscription. By creating an account you accept them. If you don't, don't use the App.
2. Publisher
The App and the website are published by Victor Gassmann, independent developer based in France. Contact: contact@winpushup.fr. See also the legal notice.
3. Access and account
- The App runs on iPhone with iOS 17 or later and a front camera. An internet connection is required to play.
- Accounts are created with Sign in with Apple. You must be at least 13. Your birth date is only used to check this and is never shown.
- One account per person. You are responsible for what is done from your account.
- You can delete your account at any time in Settings → Delete my account. Deletion is immediate and complete (see the privacy policy).
4. How the game works
- The camera and Apple's on-device pose detection count your push-ups on your phone. No image or video is ever stored or sent: only the counter and the timing of your push-ups leave the phone.
- Automatic counting can be wrong: poor lighting, partial framing, unusual movement. It comes with no guarantee. During a battle, a rejected push-up is shown on screen.
- A battle is played live against another player or against a ghost: the push-up rhythm of a past battle, replayed. Your own battles may be replayed as ghosts by other players, with your username, color and photo if approved.
- Ranks, leagues, lives, streaks, missions and challenges follow the rules shown in the App. We may adjust them for game balance.
5. Conduct
- Username and photo must remain decent. Photos are checked automatically before being visible and may be rejected.
- Any technique meant to distort counting, rankings or rewards is forbidden.
- You can report and block a player from the App. An account breaking these rules may be suspended or deleted, without refund of subscription periods already started.
6. Pro subscription
- Content: unlimited lives, rank curves and pace, full history, streak freeze, exclusive titles, tags and emotes, Pro badge. Everything else in the App is free.
- Plans: monthly or yearly. Prices, including taxes, are shown in the App and on the App Store before any purchase. There is no free trial. A discounted exit offer may be shown once per account, for three minutes.
- Seller: the subscription is an in-app purchase sold and billed by Apple through the App Store, under the App Store terms. Apple handles billing, refunds and invoices.
- Renewal: the subscription renews automatically for the same period at the displayed price unless cancelled at least 24 hours before the end of the current period. Manage and cancel it in iOS Settings → your name → Subscriptions. Cancellation takes effect at the end of the paid period; Pro benefits remain active until then.
- Withdrawal: Pro access is digital content delivered immediately after purchase. You agree that delivery starts at purchase and waive your right of withdrawal where applicable. Refund requests go to Apple at reportaproblem.apple.com.
- Restore: after reinstalling or switching iPhones, "Restore" in the App reactivates a current subscription tied to your Apple ID.
7. Health and liability
- WinPushUp involves physical exercise. Ask a doctor before starting if you have any doubt about your condition, and stop immediately in case of pain, dizziness or discomfort. You exercise at your own risk, in a safe space.
- The App and the website are provided "as is". We do our best to keep them running, without any guarantee of availability or absence of errors, including counting or synchronisation errors. To the extent permitted by law, our liability is limited to the amounts you actually paid us over the last twelve months, and we are not liable for indirect damages.
- Nothing in these terms limits the rights the law grants you as a consumer.
8. Intellectual property
The App, the website, the mascot, the texts, the visuals and the WinPushUp name are protected. You get a personal, non-exclusive right to use the App. Any reproduction or exploitation beyond that use is forbidden without written consent.
9. Personal data
How we process your data is described in the privacy policy, which is part of these terms.
10. Changes
We may change the App and these terms. For important changes you will be informed in the App or by e-mail at least fifteen days before they take effect. If you disagree, you can delete your account; continuing to use the App means you accept them.
11. Governing law and disputes
- These terms are governed by French law. In case of a dispute, write to us first at contact@winpushup.fr: we look for an amicable solution.
- If the disagreement persists, you may use a consumer mediator (list at economie.gouv.fr) free of charge, or the European online dispute resolution platform: ec.europa.eu/consumers/odr.
- Otherwise, French courts have jurisdiction.