Terms of Service

1. Acceptance of Terms

By accessing or using Shamely ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. Shamely reserves the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Nature of the Service

Shamely is a voluntary accountability platform designed to help users achieve personal goals through self-imposed commitment mechanisms. The Service allows users ("Warriors") to set personal challenges, establish accountability relationships with designated partners ("Guardians"), and elect voluntary consequences for failing to meet their own commitments.

3. Eligibility and Capacity

3.1 Age Requirement

You must be at least 18 years old to use Shamely.

3.2 Capacity Declaration

By using the Service, you affirm that you are of sound mind and capable of entering into binding agreements. You acknowledge that you are voluntarily choosing to use this Service as a commitment device to support your personal development goals.

3.3 Mental Health Advisory

Shamely is a supplemental accountability tool, not a replacement for professional addiction treatment or mental health services. If you are experiencing a mental health crisis, please contact a licensed professional or crisis helpline immediately.

4. User Commitments and Voluntary Consequences

4.1 Self-Imposed Commitments

When creating a campaign, you establish personal commitments ("Pledges") that you voluntarily agree to uphold. These commitments are entirely of your own design and choosing.

4.2 Voluntary Consequence Selection

You may elect voluntary consequences ("Accountability Measures") to support your commitment. These may include:

• Financial Accountability: Self-imposed financial penalties for breach of commitment
• Social Accountability: Optional disclosure to designated accountability partners
• Community Accountability: Optional participation in community features

You choose the type and severity of your consequences during the onboarding process. These selections are made deliberately through our enhanced consent process, which may include video attestation for higher-stakes commitments.

4.3 Performance of Contract

When you breach a commitment you have made, the execution of your pre-selected consequences constitutes the performance of the service you requested, not a penalty imposed upon you. You are purchasing the certainty of accountability.

5. Financial Terms

5.1 Pledged Amounts

Financial stakes you set are held by our third-party payment processor and are released according to your pre-selected accountability structure. Shamely does not hold user funds directly.

5.2 Settlement Fees

If you breach a commitment, you may have the option to pay a "Settlement Fee" (the amount you pre-authorized) as an alternative consequence. This fee was determined by you during the commitment creation process.

5.3 No Refunds on Forfeited Stakes

Stakes forfeited due to breach of your own commitment are non-refundable, as they represent the execution of the accountability service you purchased.

5.4 Subscription Fees

Certain features require a paid subscription. Subscription terms are disclosed at the time of purchase and may be cancelled according to our cancellation policy.

6. Guardian Relationships

6.1 Designation of Guardians

You may designate accountability partners ("Guardians") to support your journey. Guardians are individuals you trust and voluntarily invite to participate in your accountability structure.

6.2 Guardian Consent

Before any Guardian can receive notifications about your progress or status, they must explicitly opt-in to the Guardian role. Shamely will not send communications to individuals who have not consented.

6.3 Guardian Independence

Guardians act as independent participants, not as employees or agents of Shamely. Their decisions regarding encouragement or feedback are their own.

7. Community Features

7.1 Wall of Shamely (Optional)

Participation in community features, including the Wall of Shamely, is entirely opt-in. You control whether your accountability journey is visible to the community. You may revoke community visibility at any time.

7.2 Content Standards

Any content you submit must not contain nudity, explicit material, or content that violates the rights of others. We employ automated moderation to enforce these standards.

8. Assumption of Risk

By using Shamely, you acknowledge and voluntarily accept that:

• You are choosing to impose consequences upon yourself
• Accountability can be emotionally challenging
• Financial stakes may be forfeited if you breach your commitment
• Social accountability (if you opt-in) may affect relationships
• These outcomes are the intended function of the Service you are requesting

9. Limitation of Liability

To the maximum extent permitted by law, Shamely shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service or the execution of accountability measures you voluntarily selected.

You acknowledge that the consequences you experience are those you designed and consented to.

10. Indemnification

You agree to indemnify and hold harmless Shamely, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your breach of these Terms, or your violation of any rights of another.

11. Termination

You may terminate your account at any time. However, if you have active commitments with financial stakes, early termination may result in forfeiture of those stakes as specified in your commitment agreement.

Shamely reserves the right to terminate accounts that violate these Terms.

12. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits.

13. Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14. International Users

For users in the European Economic Area (EEA), United Kingdom, or other jurisdictions with specific data protection requirements, please review our Privacy Policy for information about how we comply with local regulations, including GDPR.

15. Contact

For questions about these Terms, contact us at: legal@shamely.com