75DaysChallenge (BeHard) Terms and Conditions
Last Updated: 18.11.2025
These Terms and Conditions (“Terms”) between you (“you”, “your”, “User”) and BeHard Inc., company incorporated under the laws of the state of Delaware (“Company”, “we”, “us”, “our”) govern your access to and use of our mobile software (the “Software”) and its all related services (collectively, the “Service”). For ease of reference, the term “BeHard” refers to the aggregate of the Software and the Service.
Service includes subscriptions payments that automatically renew. We ask you to keep a close eye on the payment details you provide us, App Store or Payment Processors with. In case of the payment delay for more than 1 (one) business day we reserve the right to suspend your access to certain features of the BeHard automatically. If payment is returned for insufficient funds or bank charges, you shall reimburse us for all associated processing charges as well late charges to the extent applicable.
Instructions for cancelling a subscription or trial can be found on the Apple Support. Please note that deleting the Software will not terminate your subscription or trial. We strive to display our subscription terms at or near the point of purchase. You should review and, if desired, capture a screenshot of these terms for future reference.
ADDITIONALLY, THESE TERMS INCLUDE KEY PROVISIONS SUCH IMPORTANT DISCLAIMERS IN SECTION 1 AND 6, A DISPUTE RESOLUTION PROCESS IN SECTION 9 AND INDEMIFICATION IN SECTION 7.
Contents:
1.1. Acceptance of Terms. By accessing BeHard, you agree to be bound by these Terms, our Privacy Policy, and any additional policies incorporated herein. If you do not agree, please do not access or use BeHard. Continued use of BeHard constitutes your express agreement to these Terms.
To create a BeHard Account or otherwise access or use the Service, you must agree to these Terms. If you do not hold an Account, your use of any portion of the Service constitutes your acceptance of these Terms. If you do not agree, please refrain from creating an Account or using the Service.
1.2. The Company reserves the exclusive right to amend these Terms at any time. In the event of any material changes, we will send you an email notification outlining the specific modifications. If you continue to use the BeHard after receiving such notice, your use will be interpreted as your acceptance of the updated Terms. We recommend that you review these Terms periodically.
1.3. Definitions. The following definitions shall apply to interpret these Terms:
- “Account” means the personalized User profile you create when registering to access BeHard’s Services. Your Account includes a unique username and other credentials, and may store your personal information, preferences, activity history, progress data, and any Content you submit. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
- “Content” refers to all information, data, text, graphics, and other materials made available through the BeHard.
- “Intellectual Property Rights” means all present and future rights related to patents, copyrights, trademarks, trade secrets, and other proprietary rights.
- “Subscription” is defined as a recurring fee that grants you access to a specific set of functionalities and services within BeHard for a specific period. Each Subscription plan is offered at a distinct price and includes access to particular features as outlined in BeHard. Subscriptions can be weekly, monthly or annually renewed, as provided and described in the BeHard.
1.4. Eligibility. To use BeHard, you must be at least 18 years old and have full legal capacity to enter into binding agreements. If you are under the age of 18 or lack the legal capacity you may only use the BeHard with the explicit permission and supervision of your parent or legal guardian. In such cases, your parent or legal guardian must read and agree to these Terms on your behalf and will be responsible for all activities conducted by you using BeHard.
If you are a parent or legal guardian permitting a minor or someone without full legal capacity to use the BeHard, you agree to these Terms on their behalf and assume full responsibility for their compliance with these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. In such cases, the terms “User” “you” and “your” shall refer to both you as an individual and the entity you represent.
1.5. Jurisdictional restrictions. You represent, warrant, and covenant that you are not located in, under the control of, or a national or resident of any country or territory to which the United States has embargoed goods or services or imposed economic or trade sanctions and any other jurisdiction designated from time to time under regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) or the U.S. Department of Commerce. You further confirm that neither you nor any person or entity owning a direct or indirect interest in your Account is (i) listed on any U.S. government list of prohibited or restricted persons (including, without limitation, the Specially Designated Nationals List and the Entity List), nor (ii) otherwise subject to U.S. export control or sanctions restrictions. You shall not use the Services in any manner that would violate applicable U.S. export controls, economic sanctions, or anti‑boycott laws. You agree to indemnify and hold harmless BeHard and its affiliates against any loss, liability, or expense arising from your breach of these representations and warranties.
1.6. Disclaimers. Your safety and well-being are our highest priorities as you pursue your fitness and wellness goals. You should use the BeHard responsibly and apply your own judgment and common sense at all times. Using the BeHard you irrevocably agree to the following:
1.7. DO NOT USE BEHARD IF YOU DISAGREE WITH ANY PORTION OF THESE TERMS, OR ARE NOT LEGALLY ELIGIBLE OR AUTHORIZED TO BE BOUND BY THEM, DO NOT DOWNLOAD THE SOFTWARE OR ACCESS OR USE THE SERVICE.
2.1. Service Description. BeHard features provides Users with personalized fitness and wellness tools, including workout programs, nutrition guidance, progress tracking, habit‑building challenges, community features, and related educational content.
BeHard makes no representations or warranties as to the level of success you may achieve. Any testimonials, case studies, or examples provided are exceptional results and are not intended to represent or guarantee that you will attain the same or similar outcomes. You acknowledge that past performance is not a reliable indicator of future results.
Your health, fitness, and nutrition outcomes depend on numerous factors, including your background, genetics, dedication, lifestyle, and commitment. You agree that you are solely responsible for performing your own due diligence and that the Company is not liable for any success or failure in your results, whether directly or indirectly related to your use of the BeHard.
The Company may, at its sole discretion, deploy bug fixes, error corrections, patches, and other improvements that do not materially alter the core functionality of the BeHard ("Updates"). Any such Updates provided to you will automatically become part of the BeHard`s services under these Terms, and you acknowledge that these improvements are included without additional cost. However, the Company is under no obligation to supply any Updates.
Notwithstanding the foregoing, you further acknowledge and agree that the Company may periodically release significant enhancements or modifications that materially change the functionality of the BeHard ("Upgrades"). Unlike Updates, Upgrades will not automatically become part of the BeHard`s services under these Terms, and the Company reserves the right to charge additional fees for access to such Upgrades.
2.2. Access from Appstore. The BeHard is made available for download, installation and updates exclusively through Apple’s App Store. By downloading, installing or otherwise accessing the BeHard via the App Store, the User acknowledges that they have familiarized with, and agree to be bound by, Apple’s App Store Terms and Conditions and any other applicable Apple agreements. The User’s agreement to these Terms will not limit or waive any rights Apple may have under its own terms, nor limit Apple’s ability to enforce its App Store Terms of Use against the User.
2.3. Account. To access and use BeHard features, you shall create an Account by registering through the “Sign in” function using your Apple ID or any other authentication methods made available in BeHard. By registering, you agree to provide accurate, current, and complete information and to maintain and promptly update your Account information. You are solely responsible for all activity conducted through your Account.
You acknowledge and agree that any data, information, or materials you submit through your Account will be used, stored, and processed by the Company to provide and improve the BeHard. You represent and warrant that your Account information is true, accurate, and complete. BeHard disclaims all liability for any errors, inaccuracies, or adverse outcomes, whether in workout plans, nutrition guidance, progress tracking, or other features, resulting from Account Information that is incomplete, misleading, or outdated.
2.4. Hardware and Internet connectivity. To use and access BeHard features, you are solely responsible for procuring and maintaining, at your own cost and risk, all necessary hardware, software, and telecommunications services required for connectivity and compatibility. BeHard shall have no liability for any equipment malfunctions, network failures, data overage fees, or other costs you incur in establishing or maintaining access to the BeHard.
The User acknowledges that a stable internet connection may be required to download, install, activate and access the BeHard, as well as to receive Updates and certain Content or functionality. The User is solely responsible for any data charges or other fees incurred in connection with such internet access. Notwithstanding this clause, specific features of the BeHard,if any, that are expressly identified within the BeHard as “offline‑capable” may be used without an active internet connection. The availability and performance of offline features are subject to the BeHard’s design and may be limited.
2.5. Data collection. By using the BeHard, you consent to our periodic collection and use of technical data and related information about your device and/or your activity in BeHard to facilitate software updates, product support and other services, all as further described in our Privacy Policy, which is incorporated into these Terms by reference.
2.6. Third-Party Integrations. The BeHard may include features provided by third-party vendors. Use of such features is subject to their terms and conditions, and we are not responsible for their content or performance.
2.7. Acceptable Use Policy. By using the BeHard, you agree to adhere to the following acceptable use guidelines. Your compliance with these provisions is a condition of your continued access to and use of the BeHard:
- Lawful Use: You shall use the BeHard exclusively for lawful purposes and in full compliance with these Terms, as well as all applicable local, state, national, and international laws and regulations.
- Preservation of System Integrity: You agree not to engage in any activity that may harm, disable, overburden, or otherwise impair the BeHard’s infrastructure or its operation. This includes, but is not limited to, initiating any form of denial-of-service attack, distributing malware, or otherwise interfering with the performance of the BeHard.
- Unauthorized Access Prohibition: You shall not attempt to gain unauthorized access to the BeHard, its systems, networks, or any data or resources that you are not expressly permitted to access. Any such attempts may result in immediate termination of your access to BeHard and legal actions.
- Content Restrictions: You must not use the BeHard to create, promote, or disseminate any material that constitutes hate speech, disinformation, or misinformation. This includes content that may incite harm or violate the rights of others and applicable law.
- Subscription Scope: Your use of the BeHard is limited to the purposes for which your Subscription was intended and described in your subscription plan. Any use beyond this scope is strictly prohibited.
- Impersonation prohibition: You agree not to impersonate any person or entity, including by forging headers or manipulating identifiers, or otherwise misrepresent your affiliation with any individual, organization, Company official, or host.
- No Endorsement and Preservation of Proprietary Notices: You agree not to imply that any of your statements or actions are endorsed by the Company unless expressly authorized, nor may you remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on the BeHard or related materials.
- Framing and Mirroring Restrictions: You agree not to “frame” or “mirror” any elements of the BeHard without the Company’s express prior written consent.
Failure to comply with these acceptable use provisions may result in the immediate suspension or termination of your access to BeHard, in addition to any other legal or equitable remedies available to the Company.
3.1. Subscription Model. Certain features of the BeHard are provided to you free of charge. You can find free of charge features in BeHard directly. The BeHard reserves the right to modify, restrict, or discontinue any free features at our discretion, with or without notice.
In order to use all the features of the BeHard, you have to pay an applicable Subscription fee. The exact amount of such fee will be provided to you in BeHard with the information of applicable amount of fee and payment methods.
You may cancel your Subscription at any time prior to your next billing date by accessing your Account settings or following the cancellation procedures in the App Store or Payment Processors. Upon cancellation, your Subscription will remain active until the end of the current billing period and will not renew automatically thereafter.
Upon notice to you, including by publishing respective information on BeHard, we may increase the Subscription fee on a proportionate basis due to significant increases in the cost of raw materials, labor, third-party equipment, and other third-party materials and services utilized in the BeHard, with such increase to take effect as of the next monthly billing cycle.
3.2. Payment processing. All in‑BeHard purchases, including any Subscriptions, shall be processed through the payment mechanisms provided by the applicable App Store provider and/or through third-party payment service providers ("Payment Processors") chosen by the Company. Unless expressly agreed otherwise in writing between the Company and you, the Company will not directly process payments or collect your payment information. All payments will be handled by the designated Payment Processors.
By making a payment for the Subscription fee, you agree to comply with and be bound by the terms, conditions, policies, and privacy practices of the applicable Payment Processor. You acknowledge that the Company is not responsible for, nor does it have control over, the operations or policies of such Payment Processors, and any issues, disputes, or errors arising from the Payment Processors’ services are solely between you and the Payment Processor.
The Company reserves the right to change its designated Payment Processors at any time without prior notice. Any changes will be communicated to you via BeHard. Your continued use of the BeHard after such notice will be deemed your acceptance of the change.
3.3. Refund Policy. Payments for in-BeHard purchases, including Subscription fees, are subject to the terms and conditions of the relevant Payment Processors.
If you are a resident of the European Union, you may have a statutory right to cancel certain digital purchases within 14 days. However, you acknowledge that your right of withdrawal (refund) may be lost once the Services within the BeHard are delivered and made available in your Account in the BeHard, in accordance with applicable consumer protection laws.
By making in-BeHard purchases, including Subscription, you expressly consent to the immediate performance of the Services and acknowledge that you will lose your right to refund once the access to full functionality of BeHards is available to you.
4.1. Company`s ownership. The BeHard, including any models, interfaces, algorithms, indexes or other software developed by the Company, along with all associated features, functionality, and tools, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the USA and international jurisdictions. You acknowledge and agree that the BeHard and all related intellectual property rights are the exclusive property of the Company and its licensors. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the BeHard.
4.2. Trademarks. The company name, the terms "BeHard" and “75DaysChallenge”, as well as the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the BeHard are the trademarks of their respective owners.
4.3. License. Subject to your continued compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, access, and use the BeHard solely for your personal, non-commercial use on a compatible device that you own or control.
4.4. User-generated content. You may submit or upload your own Content, such as text, images, videos, feedback, or other materials, through your BeHard Account. You are solely responsible for ensuring that your Content:
By submitting your Content, you grant BeHard and its affiliates a perpetual, worldwide, non‑exclusive, royalty‑free, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display your Content for:
You represent and warrant that you have all rights necessary to grant this license and agree to indemnify BeHard for any claims arising from your Content.
5.1. Advertising. The BeHard may display advertisements, banners, and pop-up messages from the Company and its affiliates or partners. By using the BeHard, you consent to the display and delivery of such advertisements, which may change without notice.
5.2. Third-Party Links. The BeHard`s Content may contain links to, or otherwise enable access to, third-party websites, resources, services, or content that are not owned, operated, or controlled by the Company. User acknowledges and agrees that the Company does not endorse, monitor, verify, or assume any responsibility for:
- The availability, accuracy, legality, reliability, security, or business practices of such third-party websites, resources, or services;
- Any content, products, services, advertisements, or materials available on or through such third-party platforms;
Access to third-party websites or services through the BeHard`s Content is provided for convenience only and does not constitute an endorsement, partnership, or affiliation between the Company and any third party. User assumes all risks associated with accessing or using such third-party platforms, and the Company expressly disclaims any liability for any loss, damage, or harm that may arise from such use.
The Company shall not be responsible or liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to data loss, financial loss, reputational harm, or security breaches, resulting from the use of third-party websites, resources, or services. Users are advised to review the terms, policies, and practices of any third-party website or service before engaging with them.
6.1. Service Provided “AS IS.”. The BeHard and its services are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or that the BeHard’s Content or services will be accurate, error-free, uninterrupted, secure, or free of harmful components. Users are solely responsible for verifying any information obtained through the BeHard before relying on it for any purpose.
6.2. No Guarantee of Uninterrupted Service. We do not warrant that the BeHard will be continuous, error-free, secure, or free of viruses, malware, or other harmful components.
6.3. Limitation of Liability. To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, directors, employees, contractors, licensors, or agents be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, or any other losses arising out of or in connection with:
This limitation applies regardless of the legal theory of liability, whether based on contract, tort, negligence, strict liability, or any other cause of action, and whether or not the Company was advised of the possibility of such damages.
If, notwithstanding the foregoing, the Company is found liable for any claims arising from or related to the use of the BeHard, Company`s aggregate liability shall in no event exceed the amount paid by the User for access to the BeHard in the six (6) months preceding the event giving rise to the claim.
Some jurisdictions may not permit the exclusion or limitation of certain damages; in those cases, the limitations shall apply to the maximum extent permitted.
6.4. Risk Acknowledgment. You acknowledge that your use of the BeHard is entirely at your own risk and that you are responsible for implementing appropriate security measures for your devices and data.
8.1. BeHard Uninstallation. The procedures for uninstalling and removing the BeHard may vary depending on your device and operating system. To uninstall the BeHard, you should use the native BeHard management settings or tools provided by your device’s operating system. For detailed instructions, please refer to your device manufacturer’s user guide or support resources.
8.2. Access termination. The Company reserves the right to immediately suspend or terminate your access to the BeHard without prior notice if we have reasonable grounds to suspect that you have:
9.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without reference to any conflict of law principles. This means that regardless of where you reside or use our Services, the laws of the state of Delaware will exclusively apply.
9.2. Initial Negotiations. In the event of any dispute or claim arising out of or relating to these Terms or your use of the BeHard, both parties (i.e., you and the Company) agree to first attempt to resolve the matter through good faith negotiations. We encourage open communication and a mutual effort to settle any issues before proceeding further.
9.3. Mediation. If a resolution cannot be reached through negotiation, both parties agree to submit the dispute to mediation. The mediator shall be chosen by mutual agreement. If you and the Company are unable to agree on a mediator within a reasonable timeframe, the Company will appoint a mediator on behalf of both parties. Mediation is intended to be a non-binding process aimed at facilitating an amicable resolution.
9.4. Binding Arbitration. Should mediation fail to resolve the dispute, the parties agree to resolve the matter through binding arbitration. The arbitrator will be selected by mutual agreement. If no mutual agreement can be reached regarding the selection of an arbitrator, the Company shall have the authority to appoint one.
9.5. Litigation as a Last Resort. In the unlikely event that both mediation and arbitration fail to resolve the dispute, either party may pursue litigation. Any such litigation shall be brought exclusively in the competent courts of the state of Delaware.
9.6. Language of Proceedings. All negotiations, mediation sessions, arbitration hearings, and any subsequent litigation proceedings shall be conducted exclusively in the English language.
9.7. Time Limit for Claims. Any claim or cause of action arising from or relating to these Terms or the use of the BeHard must be initiated within one (1) year from the date the cause of action arises. If a claim is not brought within this timeframe, it will be deemed waived and barred.
11.1. Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permitted under applicable law, and the remaining provisions shall continue in full force and effect.
11.2. Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly incorporated herein, constitute the entire agreement between you and the Company regarding the use of the BeHard.
11.3. Assignment. The Company may assign or transfer these Terms, in whole or in part, without notice. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
11.4. Waiver. The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
11.5. Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
12.1. Support. For any questions, concerns, or issues regarding these Terms or the Service, please contact our support team via applicable communication channels in BeHard or by following email: help@behard.co.
12.2. Feedback. If you choose to submit reviews of the BeHard via the App Store, social media platforms, or other communication or messaging features, such content may be publicly visible, including your public-facing username. Please do not include any sensitive information (such as passwords, identification numbers, or payment details) in these communications. You may opt out of our use of your review for promotional purposes by submitting a request through the communication channels provided within the BeHard or request to App Store. We reserve the right, but not the obligation, to monitor user communications for security and training purposes and may remove content we consider inappropriate at our sole discretion.