Terms of Service

1. The agreement

These Terms of Service ("Terms") form a binding agreement between you and GamifyApps ("we", "us", "our").

By downloading, installing, opening or using any of our mobile games or applications, or by using this website, you accept these Terms. If you do not accept them, do not use our apps and uninstall them.

Our Privacy Policy is incorporated into these Terms by reference. Your use of our apps is additionally subject to the terms of the store you obtained them from — the Google Play Terms of Service, which apply between you and Google, or Apple’s Media Services Terms and Conditions, which apply between you and Apple.

Individual apps may have their own terms that add to these. TV Remote is governed by the terms published at gamifyapps.com/apps/tvremote/terms.html, which include the licence conditions Apple requires for App Store applications. Where those app-specific terms conflict with these, the app-specific terms govern for that app.

2. Eligibility and age

You must be at least 13 years old to use our apps. If you are under the age of majority in your country, you may use our apps only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your activity, including any purchases.

Parents and guardians: we strongly recommend enabling purchase authentication on any shared device — in the Google Play Store app on Android, or with Screen Time restrictions and Ask to Buy on iOS — so that a password, PIN or biometric is required for every transaction.

3. Licence to use our apps

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use one copy of each of our apps on devices you own or control, for your own non-commercial entertainment or personal use.

We license our apps to you; we do not sell them. All rights not expressly granted in these Terms are reserved.

4. Acceptable use

You agree not to:

• Copy, modify, translate, adapt or create derivative works from our apps
• Reverse engineer, decompile or disassemble any part of our apps, except to the extent applicable law expressly permits it
• Remove, obscure or alter any copyright, trademark or other proprietary notice
• Distribute, rent, lease, lend, sell or sublicense our apps or any modified version of them
• Use cheats, bots, automation tools, memory editors, modified clients or exploits to gain an unfair advantage or to obtain virtual items without paying for them
• Interfere with, disrupt or place unreasonable load on our services or the networks they run on
• Attempt to gain unauthorised access to any account, system or data
• Buy, sell, trade or transfer virtual items or accounts for real money outside the app
• Use our apps for any unlawful purpose, or in breach of any law applying to you
• Submit content that is unlawful, abusive, harassing, obscene, hateful, defamatory or infringing

5. Purchases and billing

• All of our apps on Google Play are free to download and can be used or completed without any payment.
• Some of our apps on the App Store are paid downloads, charged once at the price shown on the listing before you confirm. TV Remote for iPhone and iPad is $2.99 in the United States, with every feature included and no in-app purchase.
• Our apps may offer optional one-time in-app purchases of digital content. We do not sell subscriptions, and no charge from us ever recurs automatically — there is never anything to cancel.
• Every consumer transaction is processed by the store you bought from: Google Play Billing on Android, or the App Store on iPhone and iPad. Google or Apple is the merchant of record. Your payment relationship for the transaction is with that store, and its terms apply to it.
• The price shown on the store's confirmation screen, in your local currency and including any applicable tax, is the price you pay. Prices may change at any time; changes never apply retroactively to a purchase already made.
• Purchased content is delivered digitally and immediately on confirmation of payment. There is no physical product and no shipping.
• Refunds are governed by the refund rules of the store that took the payment — Google Play's, or Apple's via reportaproblem.apple.com. If you need help with a refund, contact us with your Google Play Order ID or Apple order number.
• You are responsible for all charges incurred on your Google or Apple account, including those made by anyone you allow to use your device.

6. Virtual items

Our apps may contain virtual currency, consumable items and unlockable content (together, "Virtual Items"). You should understand the following before buying any of them:

• Virtual Items are a limited licence to use digital content inside the app. You do not own them and acquire no property right in them.
• Virtual Items have no monetary value outside the app. They cannot be redeemed for cash and cannot lawfully be sold or traded for real money.
• Virtual Items are not transferable between apps, accounts or platforms.
• Balances and unlocks are tied to the Google account used to make the purchase. Permanent items restore on a new device when you sign in with that account; consumables that have already been spent do not.
• We may change, rebalance, replace or remove Virtual Items as part of updating and balancing a game. We will not do so in a way that deprives you of the substantial benefit of a permanent item you paid for.
• If we discontinue an app, your licence to its Virtual Items ends. We will give reasonable notice in the app where we are able to.
• Virtual Items obtained through cheating, exploits or unauthorised means may be removed without refund.

7. Advertising

Our apps are funded by advertising and display ads supplied by third-party networks. We do not control and are not responsible for the content of those ads or for the products, services, websites or practices of the advertisers.

Rewarded video advertising is always optional — you choose whether to watch it in exchange for an in-game reward. Where an app offers a "remove ads" purchase, buying it disables banner and interstitial advertising for that app on your account.

Your choices about ad personalisation are explained in section 6 of our Privacy Policy.

8. Accounts

Most of our apps can be used without any account. Where an app offers optional sign-in for cloud saves or leaderboards, you are responsible for keeping your credentials secure and for all activity under your account. Tell us immediately at support@gamifyapps.com if you believe your account has been compromised.

9. Content you submit

If you submit content — a nickname, avatar, level creation, review, feedback or support message — you confirm that you have the right to do so and that it does not infringe anyone else's rights.

You keep ownership of your content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display it as necessary to operate the app and its features. Feedback and suggestions you send us may be used freely and without obligation or compensation.

We may remove content that breaches these Terms or applicable law.

10. Intellectual property

Our apps, and everything in them — source code, artwork, characters, level design, user interface, audio, music, text, trademarks and the GamifyApps name and logo — are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws.

Nothing in these Terms transfers any of those rights to you. If you believe content in one of our apps infringes your copyright, contact us at support@gamifyapps.com with details of the work, the location of the alleged infringement and your contact information, and we will investigate.

11. Third-party services

Our apps rely on third-party services including the Google Play Store, Google Play Billing, the Apple App Store, advertising networks, analytics and crash-reporting providers, and may link to third-party websites. Those services operate under their own terms and privacy policies. We are not responsible for them, and your use of them is at your own risk.

12. Availability, updates and changes

We provide our apps on an "as available" basis. We may release updates, change or remove features, or discontinue an app entirely. Some updates may be required for an app to keep working. We do not guarantee uninterrupted or error-free operation, and we may need to suspend a service temporarily for maintenance.

Our apps require a compatible Android or iOS device, and some features require an internet connection. Any data charges from your mobile operator are your responsibility.

13. Suspension and termination

You may stop using our apps at any time by uninstalling them. We may suspend or terminate your access, with notice where reasonably practicable, if you materially breach these Terms — in particular by cheating, committing fraud, abusing refunds, or using our apps unlawfully.

On termination for breach, your licence ends immediately and any Virtual Items on the account are forfeited without refund. Sections that by their nature should survive — including sections 10, 14, 15, 16 and 17 — survive termination.

14. Disclaimers

To the fullest extent permitted by law, our apps and this website are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted, and you may have additional rights under your local law.

15. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill, or lost Virtual Items or game progress, arising from or relating to your use of our apps.

Our total aggregate liability to you for all claims arising out of or relating to our apps or these Terms is limited to the greater of (a) the total amount you actually paid us through in-app purchases in the twelve months before the event giving rise to the claim, or (b) USD 50.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, these limits do not affect your statutory rights.

16. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of our apps, or your violation of any law or third-party right.

17. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which GamifyApps is established, without regard to conflict-of-laws rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law gives you a mandatory right to bring proceedings in your own country's courts or under your own country's consumer law, that right is not affected by this section.

Before starting any formal proceedings, please contact us at support@gamifyapps.com. Almost every dispute we have ever had was resolved by email in a couple of days.

18. General

• Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about our apps.
• Severability. If any provision is held unenforceable, the rest remains in full force and the unenforceable provision is modified to the minimum extent needed to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of the business, on notice to you.
• Changes. We may update these Terms. The revision date at the top of this page shows when they last changed, and material changes will be notified in the affected app. Continued use after a change takes effect means you accept the updated Terms.
• Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version governs.

19. Contact