Terms of Service

themarketingarena.cc is operated by The Marketing Arena. In these terms, "we", "us" and "our" mean The Marketing Arena, and "the arena" means the website, the app behind it and everything we make available through them.

"You" means the person using the arena. We call that person a challenger in the product, and we use the two words interchangeably here.

You can reach us about anything in this document at maxwinterleinweber@gmail.com.

By creating an account, signing in or otherwise using the arena, you agree to these terms. If you do not agree to them, do not use the arena.

Our Privacy Policy forms part of this agreement. It explains what we do with your personal data, and you should read it alongside this document.

If you are agreeing to these terms for a company or another organisation, you confirm that you have the authority to bind it, and "you" means that organisation as well as yourself.

You must be at least 18 years old to use the arena. It is a tool for running the marketing of a business, and it is not designed or intended for children.

You must also be able to form a binding contract, and you must not be barred from using the service under the laws of the country you are in or under any sanctions or export control rules that apply to you. If we learn that an account belongs to someone who does not meet these conditions, we will close it.

You can sign up with an email address and a password, or with your Google account. Either way, the account is yours and you are responsible for what happens on it.

• Give us accurate details when you sign up, and keep them current.
• Keep your password to yourself. Do not share your login, and do not let anyone else use your account.
• Tell us at maxwinterleinweber@gmail.com as soon as you think someone else has got into your account.
• One account per person. Creating extra accounts to reset your standing, farm XP or work around a suspension is not allowed.

We are not liable for losses caused by someone else using your account where that happened because you did not keep your credentials secure.

The arena is an accountability game. You set out marketing actions you intend to keep doing, at a cadence you choose. Each day the arena asks whether you did them. Your answers build a record, and that record drives your XP, your level, your health and the credits in your purse.

Three things it is not:

• It is not marketing, legal, financial or professional advice. Nothing the arena shows you is a recommendation about what your business should do. Decisions about your marketing are yours.
• It does not verify anything. When you say you kept a pledge, the arena records that you said so. It does not check the claim, and the note or link you attach is evidence for your benefit rather than proof to us.
• It does not promise results. Keeping a streak in the arena is not a guarantee of customers, revenue, reach or any other outcome for your business.

Your pledges, the notes and links you attach as evidence, your challenger name, your company description and anything else you put into the arena are yours. We do not claim ownership of them.

To run the service we need permission to handle that content: you give us a non-exclusive, worldwide, royalty free licence to store, copy, back up and display it, for as long as your account exists and only in order to operate and support the arena. We do not use it to advertise, we do not sell it, and we do not publish it anywhere you have not chosen to publish it.

You are responsible for what you put in. In particular:

• Only upload or write content you have the right to use. That includes logos and images: if the brand is not yours, make sure you are allowed to use it.
• Do not put other people's personal data into pledges or evidence notes. Those fields are for your own record of your own work.
• Do not put anything confidential, sensitive or regulated in there either. Client secrets, health data, payment card numbers and similar do not belong in a note field.
• Keep a copy of anything you would be upset to lose. See availability, changes and backups.

We may remove content that breaks these terms or the law, and we may do so without notice where the content is unlawful or is causing harm.

When you raise your own banner, the image file is stored in a public bucket so that the page can render it without a signed link. Anyone who has the file's URL can open it, even though nobody else can see your arena.

The URL is not listed or published anywhere, and it is not guessable in practice, but treat an uploaded logo as public rather than private. Upload a brand mark, not a document, a screenshot of something private or a photograph you would not put on your own website. Uploads are limited to PNG, JPG, WEBP and GIF images of up to 2 MB.

During onboarding you give the arena a website address, and we fetch that page once from our servers to pick up the things a banner needs: the site's title, its description and its icon. We request the page the way any visitor's browser would, identifying ourselves in the request, and we read only what the site serves publicly.

By entering an address you confirm that:

• it is your own site, or a site you are authorised to represent, and
• you are content for us to fetch it and store what we found against your account.

Anything the scout brings back stays yours to edit or clear. The name, description and logo it suggests are a starting point, and you can overwrite all three before you pledge. Trade marks and images found this way remain the property of whoever owns them.

Do not point the scout at sites that are not yours, at pages behind a login, or at anything in a way that is meant to make our servers fetch a third party's site on your behalf.

XP, levels, health, streaks and credits are a score. They exist inside the arena and nowhere else.

• They are not money, currency, tokens, securities or property, and they cannot be exchanged for money by us or anyone else.
• They cannot be sold, traded or transferred to another account or another person.
• Nothing is stored as a balance. Your level and your purse are worked out from your record of answered days, so withdrawing or changing an answer changes what it earned. That is by design, not a fault.
• We may retune the ladder, the rewards and the rules of the game as the arena develops. Doing so can change the level or purse a given record produces, and we will not owe you compensation for that change.
• If we ever open a shop that spends credits, what you can spend them on is up to us, and we can change or withdraw it. Credits carry no balance you can cash out when an account closes.

Use the arena for its purpose and leave it working for everybody else. You must not:

• break the law with it, or use it to help anybody else break the law;
• upload malware, or anything designed to damage or interfere with software, hardware or data;
• post content that is unlawful, defamatory, hateful, harassing or obscene;
• impersonate anyone, or misrepresent who you are or who you represent;
• try to get at another challenger's account or data, or probe, scan or test the security of the service without our written permission;
• scrape the service, or use bots or scripts to create accounts, farm XP or submit answers automatically;
• put unreasonable load on our infrastructure, or on the infrastructure of any site you send the scout at;
• copy, resell, sublicense or white label the service, or use it to build a competing product;
• reverse engineer or decompile any part of the service, except to the extent the law says you may despite this clause;
• remove, obscure or alter any notice of ownership or attribution, including the credits.

Responsible security research is welcome. If you find a vulnerability, tell us at maxwinterleinweber@gmail.com before you tell anybody else, do not access or alter data that is not yours, and give us a reasonable chance to fix it.

The arena itself, its software, its design, its wordmark, its skull and its copy belong to The Marketing Arena or to the people who licensed them to us. These terms give you permission to use the service, and nothing more: a personal, non-transferable, revocable licence to use the arena as it is meant to be used, for as long as you keep to these terms.

Some of what you see is other people's work, used under licence. The icons, the fonts and the rest are listed on the credits page, along with the terms they come under. Those licences govern that work, not this document.

If you send us feedback or suggestions, we can use them freely and without owing you anything for them. You are not obliged to send any.

The arena is built on services run by other companies, including Supabase for the database, authentication and file storage, Google for sign-in, Resend for the emails we send you and our hosting provider for serving the site. Their handling of your personal data is described in the Privacy Policy.

The arena also shows links you have supplied, such as the evidence links on your own record, and links to other people's sites on pages like the credits. We do not control those destinations, we do not endorse them, and we are not responsible for their content or their practices. Follow them at your own risk.

The arena is early software and is offered as it is. We do not promise any level of uptime, we do not promise it will be free of faults, and we may change, suspend or withdraw any part of it at any time.

We will try to give reasonable notice before we remove something you rely on, and before we close the service altogether, but we cannot always do so, for instance where a change is needed for security or is forced on us by a supplier.

We take backups, but we do not guarantee that data can always be recovered. Your pledges and your record are not a system of record for your business. If something there matters to you, keep your own copy.

The arena is free to use today. If we ever start charging, we will tell you in advance and you will be able to decide before paying anything.

You can stop using the arena at any time. To have your account and its data deleted, email us at maxwinterleinweber@gmail.com and we will do it. The Privacy Policy explains what is deleted, what is kept and for how long.

We can suspend or close your account if you break these terms, if we are required to by law, or if keeping it open would put the service or other challengers at risk. Where it is reasonable to do so, we will tell you why and give you a chance to put things right first. Where the breach is serious, we may act immediately.

When an account ends, your licence to use the arena ends with it, and your XP, levels and credits end too: they are a score in a game you are no longer playing, and there is nothing to pay out. Sections that by their nature should survive, including the ones on your content, our rights, disclaimers, liability and governing law, continue to apply.

To the fullest extent the law allows, the arena is provided "as is" and "as available", and we exclude all implied warranties, conditions and terms, including any implied term about satisfactory quality, fitness for a particular purpose or the use of reasonable skill and care.

We do not warrant that the arena will meet your requirements, that it will be uninterrupted or error free, that defects will be corrected, or that anything you record in it is accurate, since what it records is what you told it.

If you are using the arena as a consumer rather than for business, you have legal rights that these terms do not affect. Nothing here takes away any right you have under the Consumer Rights Act 2015 or any other law that cannot be excluded.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Subject to that, and to the fullest extent the law allows:

• we are not liable for loss of profit, loss of business, loss of goodwill or reputation, loss of anticipated savings, loss or corruption of data, or any indirect or consequential loss;
• we are not liable for any business losses at all if you use the arena for the purposes of a business, since the service is supplied for personal accountability and is free of charge;
• our total liability to you for all claims connected with the arena is limited to the greater of the amount you have paid us in the twelve months before the claim, which is currently nothing, and GBP 100.

We are not responsible for failures caused by events outside our reasonable control, including failures of the third party services the arena is built on.

If you use the arena for business purposes, you agree to cover us for any loss, damage, cost or reasonable expense we suffer because you broke these terms, misused the service, or infringed somebody else's rights through it. This does not apply if you are using the arena as a consumer.

We may update these terms as the arena changes. The date at the top of this page tells you when we last did.

If a change materially affects your rights, we will make a reasonable effort to tell you before it takes effect, by email or in the app. Continuing to use the arena after a change takes effect means you accept the new terms. If you do not accept them, stop using the arena and ask us to close your account.

• These terms, together with the Privacy Policy, are the whole agreement between us about the arena.
• If any part of them is found to be unenforceable, the rest carries on in force.
• If we do not enforce something straight away, that is not a waiver of our right to enforce it later.
• You may not transfer your rights under these terms to anyone else. We may transfer ours, for example if the arena is acquired, and we will tell you if that happens.
• Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

These terms and any dispute arising out of them or out of your use of the arena are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If you are a consumer, you keep the protection of any mandatory consumer law of the country you live in, and you may bring proceedings in the courts there. Consumers in the UK or the EU can also use the consumer dispute resolution routes available to them.

Please contact us first. Most things are quicker to fix by email than by anything else.

Questions about these terms, about your account or about anything else in the arena go to the same place:

maxwinterleinweber@gmail.com

For questions about your personal data specifically, see the Privacy Policy, which explains what to ask for and how quickly we have to answer.