Terms of Service

Effective: 11.05.2026

Please read these Terms carefully. They contain important information about your rights and obligations, including disclaimers, limitations of liability, an arbitration clause (Section 22) for US users, and a class action waiver. By creating an account or otherwise using the Service, you agree to these Terms.

These Terms of Service ("Terms") govern your use of the Outrun the Dead mobile application and the related website at outrunthedead.com (together, the "Service"), operated by Naitsmania AS ("we", "us", "our"). The Service is a zombie-survival fitness game that uses your real-world runs as input to a fictional narrative.

1. Eligibility

You must be at least 13 years old (16 in the EEA where required by local law, 18 in some Latin American jurisdictions where local law requires) to use the Service. If you are a minor in your jurisdiction, you must have a parent or guardian's permission. The Service contains horror, peril, and survival fiction themes that may not be suitable for all audiences.

2. Account

You are responsible for keeping your account credentials secure and for all activity on your account. Notify us immediately at support@naitsmania.no if your account is compromised. You may delete your account at any time from the in-app Profile screen.

3. Health, safety, and sensory warnings

3.1 Not medical advice

The Service is for entertainment, not medical, diagnostic, or coaching purposes. It is not a substitute for professional medical advice, diagnosis, or treatment. We do not provide training plans, medical assessments, or fitness coaching. Consult a qualified healthcare professional before starting or significantly changing physical activity, especially if you have any medical condition, are pregnant, have a heart condition, or are at risk of cardiac events.

3.2 Outdoor activity — assumption of risk

You acknowledge that running, walking, or otherwise exercising outdoors involves inherent risks, including but not limited to:

• Vehicle traffic, road hazards, uneven terrain, weather, and wildlife.
• Physical injury, cardiovascular events, dehydration, heat exhaustion, hypothermia.
• Encounters with other people, including possible criminal activity.
• Loss of property (phone, wearables) during exercise.

You are solely responsible for your own safety when using the Service, including:

• Choosing routes and times that are safe for you.
• Staying aware of your surroundings — do not let the audio or visuals of the game distract you from traffic, terrain, weather, or other people.
• Stopping immediately at any sign of injury, chest pain, dizziness, shortness of breath, or other warning symptoms.
• Hydration, nutrition, clothing, and equipment appropriate to your conditions.
• Knowing your own limits and stopping before exhaustion.

To the maximum extent permitted by law, you assume the entire risk of using the Service, and you release us from claims arising from physical injury, property damage, or financial loss caused by your use of the Service in connection with outdoor activity.

3.3 Audio experience — startle and sensory warning

The Service is designed to be a tense audio experience. It includes:

• Sudden, loud sounds intended to startle (zombie attacks, growls, breaks in music).
• Dynamic music and threat audio that responds to your heart rate and movement.
• Distorted, unsettling, or aggressive vocal performances.

You acknowledge and accept that these audio elements are intentional design choices. If you have sensitivity to sudden sounds, anxiety disorders, PTSD, or any condition aggravated by startle stimuli, you should adjust the in-app audio settings, use headphones at safe volumes, or refrain from using the Service. We are not liable for psychological, emotional, or physical reactions to the Service's audio, including startle responses, panic, or audio-induced injury.

3.4 Photosensitive epilepsy warning

A small percentage of people may experience seizures, blackouts, or other symptoms when exposed to certain visual patterns or flashing lights. The Service may contain visual effects (animated alerts, screen flashes during attacks). If you or anyone in your family has ever had a seizure or epilepsy, consult a physician before using the Service. If you experience any of the following while using the Service, stop immediately and consult a physician: altered vision, muscle twitching, disorientation, convulsions, or loss of awareness.

3.5 Hearing protection

Prolonged exposure to loud audio can cause permanent hearing damage. Use headphones at safe volumes. Use of in-ear or noise-cancelling headphones while exercising outdoors can mask traffic and other safety-relevant sounds — we recommend bone-conduction or open-ear headphones for outdoor runs.

4. Subscriptions and purchases

4.1 Tiers

The Service offers two paid subscription tiers in addition to a free tier:

• Premium — access to AI-generated content features, ad removal, and the broader Premium feature set described in the app.
• Ad-Free Supporter — ad removal only. Does not unlock Premium features.

4.2 Billing

Subscriptions are sold and billed by the Apple App Store or Google Play, not by us directly. Subscriptions auto-renew at the price displayed at the time of purchase unless cancelled at least 24 hours before the end of the current period. Your store account is charged for renewal within 24 hours prior to the end of the period.

4.3 Cancellation

You can cancel any subscription at any time in your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; you keep access until then. Deleting the app does not cancel a subscription.

4.4 Refunds

Refunds are handled by Apple and Google according to their respective policies and applicable consumer-protection law. We have no ability to issue refunds directly for App Store / Google Play purchases. For exceptional cases (for example, a billing error caused by a Service outage), contact us at support@naitsmania.no and we will help where we can.

4.5 EU — right of withdrawal for digital content

Under Directive 2011/83/EU, consumers in the EU normally have 14 days to withdraw from a digital purchase. By starting to use the Service immediately after purchase (downloading content, generating AI content, viewing the cinematic, etc.), you expressly request immediate performance of the contract and acknowledge that you lose your right of withdrawal once performance has begun. If you do not wish to waive this right, do not use the Service after purchase and contact us within 14 days.

4.6 Latin American consumer protection

Consumers in Latin American jurisdictions retain all rights under applicable consumer-protection law (including Brazil's Código de Defesa do Consumidor and Mexico's Ley Federal de Protección al Consumidor). Nothing in these Terms limits or excludes mandatory consumer-protection rights that cannot be waived under local law.

4.7 Price changes

We may change subscription prices. Changes apply only to future renewal periods, not to the current period. Where required by law, we will provide advance notice and your continued subscription after the new price takes effect constitutes acceptance.

4.8 Restoring purchases

Use the "Restore purchases" button in the Subscription screen if you reinstall the app or sign in on a new device, to recover entitlements tied to your store account.

5. AI-generated content

The Service uses third-party AI models — including but not limited to Anthropic's Claude language models, ElevenLabs voice synthesis, and fal.ai image and video models — to generate parts of your in-game story, companion dialogue, voice clips, avatars, and cinematics. The following terms apply to all AI-generated content delivered through the Service:

5.1 No guarantee of specific volume, quality, model, or availability

Subscriptions grant access to features, not to a specific quantity, frequency, model, quality, length, or speed of AI-generated content. We reserve the right, in our sole discretion and without notice, to:

• Adjust how often AI-generated content is delivered (frequency of AI story beats, voice clips, videos, chat replies).
• Adjust the length, depth, fidelity, resolution, or duration of AI outputs (for example, voice clip word count, video clip duration, image resolution).
• Switch underlying AI models or providers at any time, including changing to faster, smaller, or cheaper models when load, cost, or availability requires.
• Apply fair-use limits (for example, daily caps on chat messages, voice generations, image generations, or video generations) to prevent abuse and contain costs.
• Queue, delay, batch, throttle, or refuse generation requests when third-party providers are unavailable, slow, returning errors, or rate-limiting us.
• Substitute pre-written, curated, or templated content in place of AI-generated content when generation is unavailable, fails, or would otherwise degrade the experience.
• Withdraw individual AI features entirely if a provider becomes unavailable, materially raises costs, materially changes its terms, or for any other operational reason.
• Modify, simplify, or replace AI behavior in response to safety, regulatory, or content-moderation requirements.

Subscription pricing reflects access to the feature set generally; it is not a per-generation fee, and we make no representations as to the number of generations you will receive in any period. None of the changes above will entitle you to a refund except where required by applicable consumer-protection law.

5.2 Quality and accuracy

AI outputs may contain errors, inaccuracies, repetition, abrupt tonal shifts, or unexpected content. AI outputs are fictional and should not be treated as factual. Do not rely on any AI output as advice (medical, legal, financial, training, or otherwise). The Service is for entertainment only.

5.3 Content moderation

We use automated and manual safeguards to discourage harmful or off-policy AI output, but we cannot guarantee outputs will always meet your expectations or community standards. If you encounter AI output you believe violates these Terms or our providers' use policies, report it to support@naitsmania.no.

5.4 Ownership of AI outputs

AI-generated content produced for your account is provided for your personal, non-commercial use within the Service. You may share screenshots and short clips on social media for personal, non-commercial purposes. You may not resell, redistribute, sublicense, or use AI outputs to train other AI systems.

6. Group features, social interactions, and user-generated content

6.1 Group features

The Service includes group features that let you form a team, share run achievements, send nudges to teammates, and chat. When you join a group, your display name, avatar, in-game survival status, and recent run summaries (distance, duration, achievement flags) are visible to other group members. Other users do not see your email address, exact GPS coordinates, or heart rate.

6.2 Your responsibility for content

You are solely responsible for everything you post or send through the Service (group chat, nudges, profile fields, uploaded photos). By submitting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, display, and process that content for the purpose of operating the Service.

6.3 Prohibited content and conduct

You agree not to use the Service to:

• Harass, bully, threaten, intimidate, dox, or stalk any other user.
• Post hate speech, content promoting violence or discrimination, sexual content involving minors, or content that is illegal in your jurisdiction.
• Impersonate any person or misrepresent your identity.
• Submit content (chat messages, profile fields, photos) that infringes another party's copyright, trademark, privacy, or other rights.
• Upload photos for avatar generation that you do not have the right to upload, that contain other people without their consent, or that depict prohibited content (minors, violence, sexual content, etc.).
• Submit content that is false, misleading, defamatory, or fraudulent.
• Falsify run data, manipulate group standings, automate gameplay, or fraudulently claim subscription benefits.
• Reverse-engineer, decompile, or extract content from the Service for resale or training of competing models.
• Use bots, scripts, scrapers, or automated tools to interact with the Service.
• Interfere with the Service's security, integrity, availability, or performance.

6.4 Reporting and enforcement

To report a violation, email support@naitsmania.no with the subject line "Abuse Report" and details (screenshots, group ID, time). We may, in our sole discretion and without notice:

• Remove offending content.
• Suspend or terminate the offending user's account.
• Cooperate with law-enforcement requests where legally required.

6.5 No obligation to monitor

While we may review user content, we are not obligated to. We are not responsible for content posted by other users. To the maximum extent permitted by law, we disclaim all liability arising from user-to-user interactions on the Service.

6.6 DMCA / intellectual property complaints

If you believe content on the Service infringes your copyright, send a DMCA-compliant notice to support@naitsmania.no with the subject line "DMCA Notice," including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner's behalf; (f) your signature. We will respond in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) where applicable.

7. Push notifications and in-app messaging

If you grant notification permission, the Service may send you push notifications about gameplay events (survival reminders, group events, redemption warnings, story-video availability, post-attack callouts). Notifications may contain short narrative beats and the names of items, characters, or group members; they will never contain heart rate, location, or financial information. You can disable notifications at any time in OS settings or the in-app Profile screen.

8. Advertising

Free-tier users see ads served via Google AdMob. By using the free tier, you consent to receiving ads. Where required by law (for example, in the EU under the GDPR and ePrivacy Directive, or in California under the CCPA/CPRA), we obtain consent for personalized advertising via the OS-level mechanism (App Tracking Transparency on iOS, the equivalent on Android). If you decline tracking, you will still see ads but they will not be personalized. Paid subscribers do not see ads.

9. Service availability and changes

We continually improve the Service. We may add, change, suspend, or remove features at any time. Some changes (especially to AI feature behavior as described in Section 5) may occur without notice. Where required by law, we will provide reasonable notice of changes that materially reduce the value of an active paid subscription, and we may offer a refund or proration where required.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if continued operation poses legal or security risk, if a third-party service we depend on becomes unavailable, or if we discontinue the Service. On termination, your right to use the Service ends immediately; any active paid subscription will continue through its current period unless terminated for material breach. Sections that by their nature should survive termination — including IP ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law — will survive.

11. Your content and intellectual property

You retain ownership of content you submit. By submitting it, you grant us the license described in Section 6.2. The Service itself (app code, branding, music, story templates, characters, pre-written narrative) is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial entertainment.

12. Third-party services

The Service relies on third parties (Apple, Google, Supabase, Anthropic, ElevenLabs, fal.ai, RevenueCat, AdMob, Firebase, and others). Their availability, performance, pricing, and terms are outside our control. If a third party becomes unavailable, changes its terms, or withdraws a feature, the Service may be affected. We will make reasonable efforts to substitute or restore affected functionality but cannot guarantee uninterrupted access.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT WARRANT ANY HEALTH, FITNESS, OR PSYCHOLOGICAL OUTCOME. NOTHING IN THE SERVICE IS A SUBSTITUTE FOR MEDICAL ADVICE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions apply to the fullest extent permitted by law, and nothing in these Terms limits any warranty or right that cannot be excluded under applicable consumer-protection law.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID US (THROUGH THE APP STORE OR GOOGLE PLAY) IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (b) USD $50.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR (d) MANDATORY CONSUMER-PROTECTION RIGHTS THAT CANNOT BE WAIVED.

15. Indemnification

You agree to indemnify, defend, and hold harmless Naitsmania AS, its officers, employees, contractors, and agents, from any claim, damage, loss, liability, or expense (including reasonable attorneys' fees) arising out of: (a) your misuse of the Service; (b) your violation of these Terms; (c) your content; or (d) your infringement of any third-party right. This section does not apply to consumers in the EEA / UK / Latin America to the extent it would be unenforceable under local consumer-protection law.

16. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, earthquake, network outage, third-party service failure, or labour dispute.

17. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire agreement

These Terms, together with our Privacy Policy and any in-app disclosures, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

19. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

20. Notices

We may give notice through the app, by email to your account email, or by posting on outrunthedead.com. You may give notice to us at support@naitsmania.no.

21. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in-app and the Effective date above will be updated. If you continue to use the Service after the new Terms take effect, you accept them. If you do not accept them, you must stop using the Service.

22. Governing law and dispute resolution

22.1 Governing law

These Terms are governed by the laws of Norway, without regard to its conflict-of-laws rules. Mandatory consumer-protection law of your country of residence (where applicable) applies regardless.

22.2 EU / UK / Latin America consumers

If you are a consumer in the EEA, UK, or Latin America, you may bring claims in the courts of your country of residence, and you retain all mandatory rights under local consumer-protection law. EU consumers may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

22.3 US users — informal resolution, arbitration, class action waiver

If you are a US user, the following applies. Before filing a claim, you agree to try to resolve the dispute informally by emailing us at support@naitsmania.no with the subject "Dispute Notice" and a description of the claim and the relief sought. We will try to resolve the dispute within 60 days.

If we cannot resolve it informally, you and we agree to resolve any dispute arising out of or relating to the Service or these Terms by binding individual arbitration, not in court, except that either party may bring (a) an individual claim in small-claims court, and (b) injunctive relief in court for intellectual-property infringement. Arbitration will be administered by JAMS (or another mutually agreed administrator) under its consumer arbitration rules. Arbitration will take place in Skien, Norway, in English.

Class action waiver: You and we agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable, the entire arbitration agreement is void.

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@naitsmania.no with the subject "Arbitration Opt-Out" and your account email. Opting out does not affect any other provision of these Terms.

23. Apple App Store additional terms

If you obtained the app from the Apple App Store, the following additional terms apply, and they prevail over conflicting language elsewhere in these Terms:

• These Terms are between you and us, not Apple. Apple has no obligation to provide support or maintenance for the app.
• Apple is not responsible for any product warranties, claims of non-conformity, or product liability claims.
• You confirm you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

24. Google Play additional terms

If you obtained the app from Google Play, you also agree to Google's terms governing in-app purchases. We are responsible for support; Google is not. Google's role is limited to processing payments and distributing the app.

25. Contact

Questions about these Terms: support@naitsmania.no