Last updated: 14 Apr 2019
These Terms of Service (“Terms”) govern your access to and use of all Services (as that term is defined below). By accessing or using any Service, you agree to be bound by these Terms. You may use a Service only if you comply with these Terms and all applicable laws and are not barred from receiving Services under the laws of any applicable jurisdiction. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE PAYMENT AND REFUND POLICIES, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND OTHER IMPORTANT CLAUSES THAT AFFECT YOUR LEGAL RIGHTS.
“We,” “us” and “our” refer to myice92 and Mapnitude, individual developer from Bangkok, Thailand.
“App” means any app that we provide and any products and services that may be associated with that app.
“Website” means any website that we provide and any products or services that may be associated with that website.
“Licensed Content” means any content (including, but not limited to, graphic art, soundtracks, and videos) that we provide without specifying separate license terms.
“Service” means any App, Licensed Content, or Website, and “Services” means all Apps, Licensed Content, and Websites. Regardless of the use of the terms “purchase,” “buy” or similar terms, SERVICES ARE LICENSED (subject to these Terms), NOT SOLD.
“You” and “your” refer to each user of a Service and, as applicable, any individual or entity on behalf of which such individual uses such Service.
1. IN-APP PURCHASES
All purchases, including without limitation App and in-App purchases, are FINAL, and WE WILL NOT PROVIDE ANY REFUNDS. However, if you make a purchase via a third-party distribution platform (including without limitation Google Play, the Apple App Store, the Windows Store, or Steam), the distribution platform may have its own policies for refunds; consult your agreement with the distribution platform and its policies to see if and how you may obtain a refund via the distribution platform.
For certain Apps, you may be able to make non-renewing subscription, auto-renewing subscription, consumable, or non‑consumable in-App purchases. Each in-App purchase grants you a limited, revocable, nontransferable, non-sublicensable license to use certain features or content in the App with respect to which it is purchased. The in-App purchase will become part of, and will be subject to the provisions of these Terms pertaining to, that App. Consumable in-App purchases (which will be marked as such within the App): cannot be transferred among devices; can be downloaded only once; and after being downloaded or consumed, cannot be replaced. Once a consumable in-App purchase is acquired and received by you, we will not have any liability to you in the event of any loss, destruction, or damage to that in-App purchase. When you make an in-App purchase, we have no obligation to refund to you the amount you paid for any in‑App purchase, irrespective of any failure of performance of, or any dissatisfaction you may have with, that purchase.
For Apps from the Apple App Store: For Apps from the Apple App Store, the types of in-App purchases are further described in “About in-app purchases” at Apple Support. The following policies apply to auto-renewing subscription in-App purchases made via Apps from the Apple App Store: (1) payment will be charged to your iTunes account at confirmation of purchase; (2) the subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period; (3) your account will be charged for renewal within 24-hours prior to the end of the current period; (4) subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase (see “View, change, or cancel your subscriptions” at Apple Support); (5) any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, as applicable.
For Apps from Google Play: If you cancel a subscription in-App purchase for an App from Google Play, you will not receive a refund for the current billing period, but the subscription content will remain available for the remainder of the current billing period. We will not provide any refunds for any App or in-App purchase made via Google Play more than 48 hours after the purchase.
Without limiting any of the foregoing restrictions on refunds, upon issuance of a refund to you (whether by us or a third party): (i) all licenses granted to you under these Terms shall terminate with respect to the Refunded Content (as defined below), (ii) you shall promptly cease all use and distribution of the Refunded Content, (iii) you shall promptly destroy all copies of the Refunded Content in your possession, and (iv) the remainder of these Terms (including but not limited to all licenses granted by you to us) shall remain in full force and effect. With respect to a refund for the license fee for a Service (for example, but without limitation, the download price for an App), “Refunded Content” means that Service, its associated Tool Content, its Updates, and all in-App purchases that are a part of that Service; with respect to a refund for an in-App purchase or Update, “Refunded Content” means that in-App purchase or Update. You acknowledge that if you are issued a refund for a license fee for a Service, you will irrevocably lose access to all in-App purchases and Updates that are a part of that Service, without any further refunds or other recourse for those in-App purchases or Updates.
You acknowledge that some advertised App features may be available to you only if you make one or more in-App purchases.
2.1 Please note that the App may contain advertising and promotion of myice92 and/or Mapnitude other products and services (e.g. other apps that myice92 and/or Mapnitude publishes) and also advertising and promotion of third party products and services. Please note that the third parties whose products and/or services are being advertised or promoted in the App are responsible for the products and/or services they are promoting within the App as well as for the content of the advertisements and promotions for those products and/or services that are included in the App.
3 . LICENSED RIGHTS
3.1 The App (and all content included in the App) belongs to us and/or our licensors and is protected by intellectual property laws around the world. You do not own the App or any content you purchase in connection with any In-App Purchases you make; the App and any and all such content are licensed to you in accordance with these Terms.
3.2 You are only allowed to use the App for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider’s terms and conditions/EULA. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the App’s functionality) communicate to the public the App or any content within the App or interfere with the normal operation of the App (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the App or any updates or any part thereof). Notwithstanding these restrictions, any open source software components included in the App will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.
4. MAINTENANCE, SUPPORT AND AVAILABILITY
6.1 We are solely responsible for the App, including providing any maintenance and support for the App. In no event will the App Store Provider from whose platform you downloaded the App have any obligation to provide any such maintenance or support services with respect to the App. Please report any problems you encounter with the App to us via firstname.lastname@example.org
6.2 We don't guarantee that the App will always be available or will be updated. You understand that we may discontinue the App or make changes to the App at any time for any reason or no reason without notice or liability to you. We will endeavour to notify you of any material changes to the App in the Update info on the App Store Provider. If we plan to discontinue the App, we will endeavour to notify you of the discontinuance of the App reasonably in advance of the date on which such discontinuance takes effect.
6.3 ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services in the App. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information in the App and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Errors and Inaccuracies" is without prejudice to existing statutory rights.
6.4 You acknowledge that in no event will the App Store Provider be liable for any claim that the App (or any of the content contained in the App) fails to conform to any applicable legal or regulatory requirement.
6.5 The App Store Provider’s terms and conditions/EULA may also contain prohibitions on who can use and on the use of Licensed Applications which therefore apply to the App so please make sure you read these carefully.
6.6 By accessing the App, you represent and warrant that:
6.6.1 you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
6.6.2 you are not listed on any U.S. Government list of prohibited or restricted parties.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights in and to the App and any and all features, content, materials and information made available via the App (including any In-App Purchases) are owned by and shall remain owned by us or our licensors at all times.
7.2 The App is protected by copyright, trademark, and other laws of both Thailand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.
7.3 We, and not the App Store Provider, will be solely responsible for addressing any intellectual property rights claims that you or any third party may have with respect to the App or your possession or use of the App.
8. LIABILITY FOR FREE APPS
IF THE APP IS MADE AVAILABLE TO YOU FOR FREE, YOU ACKNOWLEDGE THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” SAVE FOR IN RELATION TO ANY IN-APP PURCHASES MADE BY YOU VIA THE APP, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED. WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE APP AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). WE ACCEPT NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOUR DEVICE BY THE APP UNLESS SUCH DAMAGE WAS CAUSED BY AN IN-APP PURCHASE MADE BY YOU VIA THE APP.
9. LIABILITY FOR PURCHASED APPS
9.1 IF YOU HAVE PURCHASED THE APP AND THE APP IS NOT OF SATISFACTORY QUALITY, FIT FOR PURPOSE OR AS DESCRIBED, YOU ARE ENTITLED TO:
9.1.1 REQUEST THAT WE, AT OUR OWN COST, REPAIR OR REPLACE THE APP WITHIN A REASONABLE PERIOD OF TIME; OR
9.1.2 RECEIVE A REFUND OF AN AMOUNT UP TO THE PURCHASE PRICE OF THE APP WHERE A REPAIR OR REPLACEMENT IS IMPOSSIBLE OR CANNOT BE DONE WITHIN A REASONABLE PERIOD OF TIME OR WITHOUT SIGNIFICANT INCONVENIENCE TO YOU.
9.2 WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE APP AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). IF ANY DAMAGE IS CAUSED TO YOUR DEVICE BY THE APP (OR ANY IN-APP PURCHASE MADE BY YOU), YOU ARE ENTITLED TO:
9.2.1 REQUEST THAT WE REPAIR THE DAMAGE WITHIN A REASONABLE PERIOD OF TIME; OR
9.2.2 RECEIVE COMPENSATION FROM US FOR THE DAMAGE CAUSED TO YOUR DEVICE.
10. LIABILITY FOR ALL GAMES
10.1 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER WE NOR ANY OF OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS, INCLUDING THE APP STORE PROVIDER, ACCEPT ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT OR OTHER ACTION) FOR ANY CLAIMS, LOSS CAUSED BY YOUR USE OF THE APP OR ANY IN-APP PURCHASES THAT DO NOT ARISE AS A RESULT OF A BREACH BY US OF THESE GAME TERMS AND ARE NOT REASONABLY FORESEEABLE AT THE TIME YOU ENTERED INTO THESE TERMS. IN NO EVENT WILL WE OR OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS THAT MAY ARISE AS A RESULT OF YOUR USE OF THE GAME OR PURCHASE OF ANY IN-APP PURCHASES.
10.2 NOTHING IN THESE TERMS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITS ON LIABILITY ARE IN ADDITION TO THOSE SET OUT IN THE APP STORE PROVIDER’S TERMS AND CONDITIONS/ EULA.
11. CHANGES TO THESE TERMS
Please note that we may change these Terms and/or any part thereof from time to time at our sole discretion. Any changes we make to these Terms will be applicable from the date they are published. You should review these Terms each time we make available an update to you to see whether they have been changed or updated.
12.1 If the App is made available to you for purchase on the App Store Provider’s platform and you elect to purchase the App, you acknowledge that your right to cancel that purchase shall be waived as soon as the download of the App has been initiated.
12.2 You may uninstall the App from your device at any time. Unless the App contains cloud-saving functionality and you have utilised it, your progress in the app will not be saved if you re-install it.
12.3 Each provision of these Terms and each provision of the App Store Provider’s terms and conditions/ EULA shall be construed separately, applying and surviving even if for any reason any of such provisions are held inapplicable or unenforceable in any circumstances.
12.4 In the event that there is a conflict between these Terms and the App Store Provider’s terms and conditions/EULA, the App Store Provider’s terms and conditions/EULA (as applicable) shall prevail.
12.5 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.
12.6 The Terms (and any non-contractual matters of whatever nature arising in connection with the App or these Terms) are governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.
13. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.
15. CONTACT US
If you have any questions about the App or would like to report a problem or make a complaint or claim in relation to the App or anything contained within the App, please contact us via email@example.com