1. Acceptance of Terms

By creating an account or using the Walka mobile application (the “App”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the App.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and legally able to enter into binding contracts. By using the App you represent that you meet these requirements.

2.1 Where the App Is Available

Paid challenges (those with a monetary buy-in) are available only to residents of the United States, excluding the following states:

• Arizona
• Arkansas
• Connecticut
• Delaware
• Iowa
• Louisiana
• Maryland
• Montana
• South Carolina
• South Dakota
• Tennessee
• Vermont
• Washington

Walka may restrict, decline, refund, or void participation from any user located in a jurisdiction where paid step-based contests are restricted by law, in our sole discretion. You are responsible for ensuring your participation is lawful in your location.

2.2 International

Paid challenges are not currently offered outside the United States. Free/practice challenges (if any) may be available globally subject to these Terms.

3. Accounts

• You are responsible for maintaining the confidentiality of your account credentials and all activity under your account.
• One account per person. Multiple accounts to enter the same challenge are prohibited and grounds for forfeiture of any prize and refund.
• You must provide accurate information and keep your contact details current.

4. How Challenges Work

4.1 Joining

• Each challenge has a defined start date, end date, daily step goal, buy-in amount, and miss limit.
• You join by paying the buy-in via Stripe before the join deadline.
• A “private” challenge is visible only to the creator and people they invite via a private link.

4.2 Step Tracking

• The App reads your step counts from Apple HealthKit (iOS) or Google Fit (Android). Walka does not measure your steps directly — we rely on what your device reports.
• You are responsible for ensuring your device is worn during step activity and that permissions remain granted. Walka is not liable for challenge outcomes affected by hardware failure, permission revocation, or sync delays.

4.3 Winning and Payouts

• Winners are determined by fewest missed days. Ties are broken by total steps over the challenge window.
• A participant who misses more than 30% of challenge days (the “miss limit”) is disqualified and cannot win, regardless of total steps.
• The prize pool equals the sum of all buy-ins, minus a platform fee of 10%.
• Winners’ original buy-ins are refunded, and the remaining (post-fee) pool is split equally among winners.
• Payouts are processed via Stripe Connect to a payout method you configure. You authorize Walka to initiate transfers to that account.
• Payouts may take 3–7 business days to arrive after a challenge settles.

4.4 Cancellation and Refunds

• A creator may cancel a challenge before it starts; all participants receive a full refund.
• If a challenge fails to start (e.g., minimum participants not reached by the join deadline), all participants receive a full refund automatically.
• Once a challenge has started, buy-ins are non-refundable except as described in these Terms or required by law.

4.5 Sole-Finisher Edge Case

If a challenge starts with multiple participants but only one participant remains eligible at settlement (e.g., everyone else is disqualified for exceeding the miss limit), that participant is treated as the sole winner. They receive the post-fee pool minus their own refunded buy-in, on the same terms as any other winner. Walka does not refund pool contributions from disqualified participants.

4.6 Chargebacks

If you initiate a chargeback or payment dispute with your card issuer after a challenge has started, Walka may, in addition to disputing the chargeback with the issuer:

• Suspend or terminate your account;
• Void your participation in the relevant challenge and any pending or paid prizes; and
• Recover the chargeback amount plus any fees from future payouts owed to you, or via separate collection.

Chargebacks for completed, properly-played challenges are inconsistent with these Terms and may be referred for fraud review.

5. Fees

• Walka retains a 10% platform fee of the total challenge pot. This fee funds operations, payment processing, and platform costs.
• Stripe payment processing fees are absorbed by Walka and not separately charged to you on top of the buy-in.

5A. Taxes and Reporting

You are responsible for any taxes owed on prize winnings.

• United States. Walka or its payment processor (Stripe) may be required to report payouts to the Internal Revenue Service. If your cumulative winnings in a calendar year reach the reporting threshold (currently USD $600 for IRS Form 1099-MISC, subject to change), we will request a completed Form W-9 before further payouts are released. Failure to provide a valid W-9 will cause us to withhold pending payouts until one is received, and may trigger backup withholding as required by law.
• Non-US users. Not applicable while paid challenges are US-only (see Section 2.2).

6. Prohibited Conduct

You agree not to:

• Cheat, manipulate, spoof, or falsify step data (including shaking the device, attaching it to motion sources, or modifying HealthKit data).
• Use bots, scripts, or automated tools to interact with the App.
• Operate multiple accounts to gain an unfair advantage.
• Reverse engineer, decompile, or attempt to extract source code.
• Use the App for any illegal purpose or in violation of these Terms.

We reserve the right to disqualify, suspend, or terminate any account suspected of these behaviors, and to withhold or claw back prizes paid as a result of them.

7. Skill, Not Gambling

Walka challenges are contests of skill and effort (walking and step consistency), not games of chance. By participating, you acknowledge that results depend on your activity and consistency, and that Walka is not a gambling product.

8. Intellectual Property

The App, including all software, designs, text, and trademarks, is owned by Walka or its licensors. You receive a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

9. User Content

You retain ownership of any content (display name, profile data) you provide. You grant Walka a worldwide, royalty-free license to use it solely to operate the App (e.g., displaying your name on leaderboards visible to other participants of your challenges).

9A. Health Data

Step counts read from Apple HealthKit or Google Fit are sensitive health data and are governed by additional protections, including Apple’s HealthKit terms (which prohibit selling health data, using it for advertising, or sharing it for purposes unrelated to operating the App) and applicable state health-privacy laws.

Walka’s collection and use of this data is described in detail in our Privacy Policy; that policy is incorporated into these Terms by reference. You may revoke HealthKit or Google Fit permissions at any time via your device settings, which will prevent further step sync but does not refund buy-ins in active challenges.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WALKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WALKA IS NOT A MEDICAL OR FITNESS PROFESSIONAL. CONSULT YOUR DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM. WALKA IS NOT LIABLE FOR ANY INJURY OR HEALTH IMPACT FROM USING THE APP.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WALKA’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE APP IS LIMITED TO THE GREATER OF:

• (A) THE FEES YOU PAID WALKA IN THE 12 MONTHS PRECEDING THE CLAIM; OR
• (B) USD $100.

WALKA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify and hold Walka harmless from any claim arising out of your violation of these Terms, your misuse of the App, or your violation of any third party’s rights.

13. Termination

We may suspend or terminate your account at any time for breach of these Terms, suspected fraud, or for legal/regulatory reasons. You may terminate your account at any time via the in-app account deletion control.

Pending payouts and refunds will be processed according to these Terms even after termination, except where prohibited by law or where termination resulted from prohibited conduct.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be notified in-app or by email. Continued use after the effective date of updated Terms constitutes acceptance.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws principles.

15.1 Binding Arbitration

15.2 Class Action Waiver

You and Walka agree that Disputes will be resolved only on an individual basis and not as a class action, representative action, collective action, or private attorney general action. The arbitrator may not consolidate more than one person’s claims.

15.3 30-Day Opt-Out

You may opt out of the arbitration and class-action waiver provisions in this Section 15 by emailing susanadelokiki@gmail.com within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out” and including your name and email. Opting out will not affect any other provision of these Terms.

15.4 Informal Resolution

Before initiating arbitration, you agree to attempt to resolve the Dispute by contacting Walka at susanadelokiki@gmail.com. We will attempt to resolve in good faith within 60 days. Only if unresolved after that period may either party initiate arbitration.

16. Contact

Walka, Inc.
535 Mission St,
San Francisco, CA, 94105
susanadelokiki@gmail.com