Terms of Service

Last updated: January 2024

1. Acceptance of Terms

By downloading, installing, or using Pwned ("the Game"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Game.

2. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Game for your personal, non-commercial use on devices you own or control, subject to these Terms and applicable Apple App Store terms.

3. Game Rules and Conduct

Acceptable Use

You agree to use the Game only for lawful purposes and in accordance with these Terms. You agree not to:

• Use any cheats, exploits, automation software, bots, hacks, or any unauthorized third-party software
• Reverse engineer, decompile, disassemble, or modify the Game
• Copy, distribute, or create derivative works based on the Game
• Use the Game for any commercial purpose without our written consent
• Violate any applicable laws or regulations
• Interfere with or disrupt the Game or servers
• Attempt to gain unauthorized access to any portion of the Game

4. In-App Purchases

Remove Ads Purchase

The Game offers an optional one-time purchase to remove advertisements. This purchase:

• Is processed through Apple's App Store
• Is non-refundable except as required by law
• Is tied to your Apple ID and can be restored on devices using the same Apple ID
• Permanently removes all advertisements from the Game

Payment Terms

All payments are processed by Apple according to their App Store terms. We do not directly process payments or store payment information.

5. Intellectual Property

Ownership

The Game, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, and the design, selection, and arrangement thereof), is owned by us, our licensors, or other providers of such material and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content

The Game allows you to create player profiles and generate gameplay data. You retain ownership of your player name, but grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your gameplay data for leaderboards, analytics, and Game improvement purposes.

6. Privacy and Data

Your use of the Game is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

7. Disclaimers and Warranties

As-Is Basis

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Guarantee

We do not guarantee that:

• The Game will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Game is free of viruses or other harmful components
• The Game will meet your requirements or expectations

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Game
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Game
• Any bugs, viruses, or the like that may be transmitted to or through the Game by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Game

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE GAME EXCEED THE AMOUNT YOU PAID FOR THE GAME IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pwned and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Game.

10. Modifications and Updates

To the Game

We reserve the right to modify, suspend, or discontinue the Game (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Game.

To the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Game following the posting of revised Terms means you accept and agree to the changes.

11. Termination

We may terminate or suspend your access to the Game immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Game will immediately cease.

12. Age Requirements

The Game is rated for ages 4+ but these Terms require you to be at least 13 years old to make purchases. If you are under 18, you must have parental permission to make in-app purchases.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in California.

14. Dispute Resolution

Informal Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@pwnedgame.com.

Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Game and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Contact Information

For questions about these Terms, please contact us at:

Email: support@pwnedgame.com
Website: https://pwnedgame.com

18. Apple-Specific Terms

If you access the Game through Apple's App Store:

• These Terms are between you and us only, not Apple
• Apple has no obligation to furnish maintenance and support services
• Apple is not responsible for addressing any claims relating to the Game
• Apple is not responsible for addressing any third-party claim that the Game infringes intellectual property rights
• Apple and its subsidiaries are third-party beneficiaries of these Terms

19. Acknowledgment

BY USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.