Draft — not reviewed by a lawyer. Written to be a solid starting point and to save
you billable hours, not to replace them. Every red placeholder must be
filled in, and sections 11, 17, 18 and 19 in particular need a licensed attorney in your state
before you take a single payment. Delete this banner when it has been reviewed.
WATCHFIRE
Terms of Use
This is the agreement between you and Watchfire. It is written to be read, not
to be skimmed past. The parts that limit what you can recover from us, and the part that sends
disputes to arbitration, are in plain capitals so you cannot miss them.
Effective[DATE]Last updated[DATE]Version 1.0
1Accepting these terms
Watchfire is operated by [LEGAL ENTITY NAME], a
[STATE][LLC / corporation]
("Watchfire", "we", "us"). These Terms of Use ("Terms") govern your use of the Watchfire
application, website, and anything connected to them (the "Service").
You accept these Terms by ticking the box when you create your account, or by using the
Service. If you do not accept them, do not use the Service. If you are accepting on behalf of
a church or organisation, you confirm you have authority to bind it.
These Terms include our Privacy Policy, which is part of this
agreement.
2Who may use Watchfire
You may use the Service if you are 18 or older, or 16 or 17 with a
parent or guardian's permission under section 3.
Nobody under 16 may create an account or use the Service, with or without permission. If we
learn that an account belongs to someone under 16, we will close it and delete the
information we hold about it.
You may not use the Service if we have previously banned you, or if the law where you live
prohibits it.
3Men aged 16 and 17
The youth track exists because a 16-year-old should not be reading content written for a
married man of 45. If you are 16 or 17:
A parent or legal guardian must approve your account before you can use it, and must
accept these Terms on your behalf as well as their own.
Your parent or guardian may read everything in your group, remove your account, and
withdraw permission at any time.
You will only be placed in groups with others aged 16 and 17. Adults are never grouped
with under-18s, and there is no private messaging, no search for other users, and no way
for an adult to contact you through the Service.
You will not see content intended for adults.
A parent or guardian who approves an account is responsible for supervising its use and for
any charges on it.
Having minors on the Service at all is the single largest legal exposure this product
carries. The age gate, the parental consent flow and the separation of under-18s from
adults must be reviewed by a lawyer before launch, not after.
4Your account
Keep your login details to yourself. You are responsible for everything that happens on your
account. Tell us promptly at [SUPPORT EMAIL] if you believe someone
else has access to it.
Give us accurate information when you sign up, and keep it current. One account per person.
Do not create an account for anyone else, impersonate anyone, or use a false identity.
5What this is, and is not
Watchfire is a daily devotional, a habit tracker, and a place for Christian men to keep
each other accountable. That is all it is.
It is not counselling or therapy
Nothing in the Service is professional counselling, psychotherapy, or mental health
treatment. We are not licensed counsellors and no therapeutic relationship is created by
using it.
It is not medical, nutritional or fitness advice
Devotionals, habits, prompts and anything connected to workouts, sleep, food or weight are
general content, not advice about you. Talk to a doctor before changing how you eat, train
or sleep, and especially before starting a fast or a new programme. If you have an eating
disorder, a heart condition, an injury, or you are on medication, speak to a doctor first.
It is not financial or legal advice
Content about money, debt, giving or an emergency fund is general and is not advice about
your situation.
It is not pastoral care, and it is not your church
The Service does not replace a local church, a pastor, or sitting across from another man.
A pastor who writes on the Service is not forming a pastoral relationship with every man who
reads it. No clergy-penitent, counsellor-client, or any other privilege attaches to anything
written or read on the Service.
6Crisis and emergencies
The Service is not an emergency service and nobody is watching it. Posts,
check-ins and journal entries are not monitored in real time by a person. We have no ability
to dispatch help and no duty to act on anything you write.
If you or someone else is in danger, call your local emergency number. In the United States,
call or text 988 for the Suicide and Crisis Lifeline, or call 911.
We may, but are not obliged to, surface crisis resources, notify a group leader or pastor,
or contact the authorities if we believe someone is at risk of serious harm. Do not rely on
us doing so.
7What you post
You keep ownership of what you write, record, and upload ("Your Content"). You are
responsible for it.
The licence you give us
By posting, you give us a worldwide, non-exclusive, royalty-free licence to host, store,
reproduce, adapt for display, and show Your Content to the people the Service is designed to
show it to — your group, your church, or the wider Service if you chose that. This licence
exists so we can run the Service, and it ends when you delete the content, except for copies
in routine backups and anything others have already lawfully saved or shared.
What you promise
You own Your Content, or you have the right to post it.
It does not infringe anyone's copyright, trademark, privacy or other rights. Music in a
video is the usual trap — if you do not hold the rights to the recording, do not upload it.
It does not break any law.
Other men's content
Most of what you see on the Service was written by other users, pastors and churches, not
by us. We do not endorse it, verify it, or vouch for its accuracy or theology. We are not
responsible for it, and you rely on it at your own risk.
8Private is not confidential
A closed group is private from the public. It is not confidential, not privileged, and not
secret. Every man in your group can read what you write, and nothing stops him repeating it.
Do not write anything you could not live with being repeated. That includes anything that
could expose you to criminal liability or be used against you in a divorce, a custody
dispute, or any other legal proceeding.
We may be required to disclose content in response to a subpoena, court order, or other
lawful demand, and we may do so without notifying you where the law prevents us from telling
you. We may also disclose content where we believe it necessary to prevent serious harm, or
where required by mandatory reporting laws.
9Rules of conduct
Do not use the Service to do any of the following. This list is not exhaustive and we decide
what falls within it.
Harass, threaten, bully, stalk or intimidate anyone.
Post sexual content, nudity, or anything sexualising a minor. Anything involving the
sexual exploitation of a child is reported to the National Center for Missing and Exploited
Children and to law enforcement, and the account is banned permanently.
Post hateful content attacking people for race, ethnicity, national origin, sex,
disability or any other protected characteristic.
Encourage self-harm, suicide, disordered eating, or substance abuse.
Sell anything, recruit for a business, promote a multi-level marketing scheme, solicit
money, or advertise.
Share another person's private information, including your wife's, your children's, or
another man's, without their permission.
Repeat outside the group what another man shared inside it in a way that identifies him.
Post anything unlawful, infringing, deceptive, or malicious, including malware.
Scrape, crawl, reverse engineer, or attempt to access accounts, data or systems you are
not authorised to access.
Use the Service to build a competing product, or to train a machine learning model.
Create a new account after being banned.
10Removal and banning
We may remove any content and suspend, restrict or permanently ban any account at any
time, for any reason or no reason, with or without warning and without notice. We do not
owe you an explanation, a hearing, an appeal, or the return of anything you posted.
If your account is banned for breaking these Terms, you are not entitled to a refund of
any amount already paid.
We have no obligation to monitor content, and no obligation to remove any particular
content. Choosing to act on one thing does not oblige us to act on another. Content flagged
by users may be hidden automatically pending review.
Pastors and group leaders may remove content and remove men within their own church or
group. They act on their own behalf, not ours.
11Pastors, churches and submitted days
If you publish as a pastor, church staff member or group leader, you additionally confirm
that you hold the position you state, that your church has authorised you to publish under
its name, and that you are responsible for what you and your staff publish.
Devotionals you write
When you submit a complete day for the shared library, you keep ownership of it and grant
us a worldwide, non-exclusive, royalty-free, perpetual and irrevocable
licence to reproduce, distribute, display, adapt for formatting, translate and keep it in
rotation on the Service, with your name, title and church attached, including after you stop
using the Service.
We may decide a submitted day goes to your own church only rather than to the whole Service.
That decision is ours alone, it is not a judgment on your doctrine, and it does not entitle
you to anything.
A free membership earned by writing a day has no cash value, is not transferable for money,
and may be withdrawn if the day is withdrawn.
Your church's name
You grant us permission to display your church's name and your name in connection with
content you publish, and to list your church where the Service shows participating churches.
12Payment, renewal and refunds
Free trial
New accounts get a 14-day free trial. No card is required to start it. If
you do not subscribe, the trial simply ends.
Subscriptions and automatic renewal
Subscriptions renew automatically at the then-current price until you cancel. By
subscribing you authorise us to charge your payment method on each renewal date. You may
cancel at any time in the app, and cancellation takes effect at the end of the period you
have already paid for.
We will tell you the price, the billing period and the renewal date before you subscribe,
and we will send a reminder before an annual renewal where the law requires it. Prices may
change; we will give you notice before a change takes effect, and you may cancel rather than
accept it.
Refunds
Except where the law requires otherwise, all payments are final and non-refundable. There
are no refunds or credits for a partial period, for time you did not use, for a cancelled
subscription, or for an account banned under section 10. The 14-day free trial is your
opportunity to decide whether the Service is worth paying for.
Nothing here removes rights you have that cannot be waived under the consumer law where you
live. If you bought through an app store, that store's refund policy applies and you must
ask them, not us.
A flat "no refunds, ever" is unenforceable in several places and triggers penalties in
some. Around 30 US states regulate automatic renewal, California most strictly, and buyers
in the UK and EU have statutory cancellation rights for digital services. The carve-out
above is what keeps this clause lawful — do not delete it.
13Free and gifted memberships
A church may give a free seat to a man who cannot pay. A free seat has no cash value, cannot
be exchanged for money, and may be withdrawn by the church that gave it or by us. When a seat
is withdrawn or a church's subscription ends, access ends with it.
14Third parties and app stores
The Service uses third parties to work, including payment processing, hosting, video
delivery and, if you connect one, a fitness tracker. Their terms and privacy policies apply
to what they do. We are not responsible for them, for their failures, or for anything you
link to or download from outside the Service.
Connecting a fitness tracker or health app is your choice. You authorise us to receive the
data you permit it to share. You can disconnect it at any time.
If you obtained the Service through Apple or Google, their terms also apply, they are not
responsible for the Service, and Apple is a third-party beneficiary of these Terms entitled
to enforce them against you.
15Privacy and your data
How we handle your information is set out in our Privacy Policy.
By using the Service you agree to it.
Some of what you choose to enter is sensitive — what you weigh, what you ate, how you slept,
what you confessed in a check-in. Entries you mark as private stay on your device and are not
shared with your group or shown anywhere else on the Service.
16Our intellectual property
The Service, the Watchfire name and mark, the software, the design, and the devotional
content we write are owned by us or licensed to us and are protected by copyright and
trademark law. We grant you a personal, limited, revocable, non-transferable licence to use
the Service for your own non-commercial use.
Do not copy, republish, sell, or redistribute our devotional content, and do not use our
name or mark without written permission. You may share individual devotionals through the
sharing tools in the app as they are intended to be used.
Scripture quotations are from the King James Version, which is in the public domain in the
United States.
Copyright complaints
If you believe content on the Service infringes your copyright, send a notice under the
Digital Millennium Copyright Act to our designated agent at
[DMCA AGENT NAME AND ADDRESS],
[DMCA EMAIL]. We will remove infringing content and will terminate
repeat infringers.
17Disclaimers
The Service 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, express or
implied, including merchantability, fitness for a particular purpose, title, accuracy and
non-infringement.
We do not warrant that the Service will be uninterrupted, secure, error-free, or that any
content on it is accurate, complete, or sound. We do not warrant that using it will improve
your marriage, your discipline, your health, your faith, or anything else.
We do not screen users. We do not run background checks on the men you are grouped with,
on group leaders, or on pastors. We make no representation about any user's identity,
character, intentions or fitness to be around you or your family. Any contact you have with
another user, online or in person, is at your own risk.
Some places do not allow the exclusion of certain warranties, so parts of this may not apply
to you.
18Limitation 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 data, loss
of goodwill, or damage to reputation or relationships, arising out of or connected with the
Service, whether in contract, tort, negligence, strict liability or otherwise, even if we
have been advised of the possibility.
We are not liable for the conduct of any user, pastor, church or group leader, whether on
the Service or in person; for anything another user posts, says, does or fails to do; for
any decision you make in reliance on the Service; or for any harm arising from contact
between you and another user.
Our total liability for all claims relating to the Service is limited to the greater of
the amount you paid us in the 12 months before the claim arose, or one hundred US dollars
($100).
Nothing in these Terms excludes liability that cannot lawfully be excluded, including
liability for death or personal injury caused by negligence, for fraud, or for fraudulent
misrepresentation.
These limits are a fundamental part of the agreement between us and reflect the price of the
Service. Some places do not allow some of these limits, so parts of this may not apply
to you.
19Indemnification
You will defend, indemnify and hold harmless Watchfire, its owners, officers, employees,
contractors and agents from any claim, demand, loss, liability, damage, cost or expense
(including reasonable legal fees) arising out of your use of the Service, Your Content, your
breach of these Terms, your violation of any law, or your infringement of anyone's rights.
20Disputes and arbitration
Please read this section carefully. It affects how disputes between us are resolved and
limits your rights.
You and Watchfire agree that any dispute arising out of or relating to these Terms or the
Service will be resolved by binding individual arbitration administered by
[ARBITRATION PROVIDER] under its rules, and not in court, except
that either party may bring an individual claim in small claims court, and either party may
seek injunctive relief for infringement of intellectual property.
You and Watchfire each waive the right to a jury trial, and agree that claims will be
brought only in an individual capacity. No class actions, no collective actions, no
consolidated or representative proceedings.
Opting out
You may opt out of arbitration by writing to [SUPPORT EMAIL]
within 30 days of first accepting these Terms, stating your name and that you are opting out.
Opting out does not affect anything else in these Terms.
Before you file
Write to us first at [SUPPORT EMAIL] and give us 30 days to sort
it out. Most things can be.
Governing law
These Terms are governed by the laws of the State of [STATE],
without regard to its conflict of laws rules. Where arbitration does not apply, the courts
located in [COUNTY, STATE] have exclusive jurisdiction.
21Changes to these terms
We may change these Terms. If a change is material, we will tell you in the app or by email
before it takes effect and ask you to accept the new version. Continuing to use the Service
after that means you accept it. If you do not accept it, stop using the Service and cancel.
We keep a record of which version of these Terms you accepted and when.
22Ending your account
You may stop using the Service and delete your account at any time in Settings. Deleting your
account removes your personal information as described in the Privacy Policy. Content you
posted in a group may remain visible to that group unless you delete it first.
We may suspend or end your access under section 10. Sections 7, 8, 11, 16, 17, 18, 19, 20 and
23 survive the end of this agreement.
23General
These Terms and the Privacy Policy are the entire agreement between you and us about the
Service. If any part is found unenforceable, the rest stays in force. Our not enforcing
something is not a waiver of it. You may not transfer your rights under these Terms; we may
transfer ours in a merger, acquisition or sale of assets.
Nothing in these Terms creates a partnership, employment, agency or joint venture between
you and us.
We are not liable for failure to perform caused by events outside our reasonable control.