1. Agreement to Terms
These Terms and Conditions ("Terms") are a legal agreement between you ("you" or "User") and Newborn Software ("we," "us," or "our") governing your use of the YatzyVibe mobile application ("App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
2. Eligibility
You must be at least 13 years of age (or the age of consent in your jurisdiction) to use the App. By using the App, you represent that you meet this requirement.
3. License Grant
Subject to these Terms, Newborn Software grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on an Apple device that you own or control, in accordance with the Apple Media Services Terms and Conditions.
4. Subscriptions and In-App Purchases
- Play nearby device and related features may require a paid subscription. Subscription terms, pricing, and availability are shown in the App and in the App Store.
- All payments for subscriptions and in-app purchases are processed by Apple. Your payment and billing relationship for such purchases is with Apple, subject to Apple's applicable terms and policies.
- Subscriptions renew automatically unless you cancel before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings.
- We do not process refunds. Refund requests for purchases made through the App Store must be submitted to Apple in accordance with Apple's refund policy.
5. Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Copy, modify, distribute, or create derivative works of the App or its content except as permitted by these Terms or applicable law.
- Reverse engineer, decompile, or attempt to extract source code from the App.
- Use the App to harass, abuse, or harm others, or to transmit unlawful or harmful content.
- Use the App in any way that could damage, disable, or impair the App or our services.
6. Intellectual Property
The App, including all content, features, design, and software (excluding third-party components), is owned by Newborn Software and is protected by copyright and other intellectual property laws. You do not acquire any ownership rights by using the App.
7. Privacy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect information. By using the App, you consent to the practices described in our Privacy Policy.
8. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWBORN SOFTWARE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWBORN SOFTWARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Third-Party Services and Apple
- The App is distributed through the Apple App Store. Your use of the App is also subject to Apple's Media Services Terms and Conditions and any other applicable Apple terms.
- Apple has no obligation to provide maintenance, support, or updates for the App. Newborn Software is solely responsible for any maintenance and support obligations stated in these Terms or required by law.
- To the extent these Terms conflict with Apple's applicable terms for the App Store, Apple's terms shall govern with respect to your relationship with Apple.
11. Termination
We may suspend or terminate your license to use the App at any time, with or without cause or notice. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive (including Sections 6, 7, 8, 9, 12, and 13) will survive termination.
12. Changes to the App and Terms
We may update the App or these Terms from time to time. We will indicate changes to the Terms by updating the "Last Updated" date. Continued use of the App after changes constitutes acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using the App.
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the state, Arizona, USA, without regard to its conflict of law provisions. Any dispute arising from these Terms or the App shall be resolved in the courts of the state Arizona, USA, and you consent to the personal jurisdiction of such courts.
14. General
- Entire Agreement. These Terms, together with our Privacy Policy and any other policies we make available in the App, constitute the entire agreement between you and Newborn Software regarding the App.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
- Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15. Contact Us
For questions about these Terms and Conditions, please contact us at: contact@newbornsoftware.com