DuoPlay — Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and AIVERSE AUSTRALIA PTY LTD (“we”, “us”, “our”) governing your use of DuoPlay (the “App”), a collection of two-player board games for iPhone and iPad. By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

The App is distributed through the Apple App Store, so your use is also subject to Apple’s Licensed Application End User Licence Agreement (the “Apple Standard EULA”). These Terms supplement it. Where the two conflict, the Apple Standard EULA prevails to the extent of the inconsistency, and the Apple-specific terms in Section 12 apply in any event.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service, solely for your own personal, non-commercial entertainment.

DuoPlay is intended for a general audience of all ages. By using the App you confirm that you are old enough to do so under the laws where you live, or that a parent or legal guardian has consented on your behalf and agrees to these Terms.

• Ad-supported and free: The App is free and displays advertising served by Google AdMob. There are no in-app purchases and nothing to buy.
• Third-party ad content: We do not choose, endorse, or control the content of those ads, and we are not responsible for the websites, apps, or offers they link to.

Because DuoPlay is suitable for all ages, ad requests are configured as child-directed, so you are shown non-personalised, family-certified ads only. What the advertising SDK collects, what it does not, and how to manage your consent is described in the DuoPlay Privacy Policy.

If you use Game Center for online play and leaderboards, or nearby play between two devices, you agree not to:

• Cheat, exploit bugs, use unauthorised tools, or otherwise manipulate results, records, or leaderboards;
• Use a Game Center nickname, or a device name — the name shown to your opponent during nearby play — that is unlawful, offensive, harassing, or infringes anyone’s rights;
• Interfere with or disrupt another player’s use of the App.

Where we reasonably believe these rules have been broken, we may reset scores or restrict access to these features. Game Center accounts themselves are administered by Apple, not by us.

You agree not to, and not to permit anyone else to:

• Copy, modify, or create derivative works of the App;
• Reverse engineer, decompile, or disassemble the App, except to the extent that this restriction is prohibited by law;
• Rent, lease, lend, sell, or sublicense the App;
• Remove any proprietary notices from the App;
• Use the App unlawfully or in breach of these Terms.

The App — its code, artwork, audio, game designs, the DuoPlay name, and our logos — is owned by us or our licensors and protected by intellectual property laws. The names and rules of the classic board games it includes are used descriptively. Apart from the licence granted in Section 2, no rights are granted to you.

We may release updates, and we may change, suspend, or discontinue the App or any of its features at any time. Some features need a compatible device, a current operating system, a local network connection, or an internet connection; keeping those available is your responsibility.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING 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 SECURE.

(Certain guarantees under the Australian Consumer Law, and equivalent consumer laws elsewhere, cannot be excluded. This section applies only to the extent the law permits.)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. BECAUSE THE APP IS FREE, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED USD $10.

Some jurisdictions do not allow these limitations, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

To the extent permitted by law, you agree to indemnify us and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the App or your breach of these Terms.

You acknowledge and agree that:

• These Terms are between you and us only — not with Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the App.
• Apple is not responsible for addressing any claim you or a third party makes about the App, including product liability, legal or regulatory compliance, and consumer protection claims.
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the App infringes intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, may enforce them against you as a third-party beneficiary.

These Terms apply until terminated. Your rights under them end automatically if you fail to comply with them. On termination you must stop using the App and delete all copies. Sections that by their nature should survive — including Sections 7, 9, 10, 11, and 14 — survive termination.

These Terms are governed by the laws of Australia, without regard to conflict-of-law rules, and subject to any mandatory consumer protections that apply where you live. This choice of law does not deprive you of protections you are entitled to under the laws of your country of residence.

We may update these Terms from time to time. When we do, we will revise the date shown above and post the new version at this same address. Continuing to use the App after a change takes effect means you accept the updated Terms.

Questions about these Terms: hello@awkiss.com
AIVERSE AUSTRALIA PTY LTD — www.awkiss.com