Terms of Service

These Terms of Service (the "Terms") are an agreement between you and Minigamr LLC ("Minigamr," "we," "us," or "our"), a limited liability company organized under the laws of the State of Utah, United States, located in Davis County, Utah. They govern your use of:

• our website at minigamr.com (the "Site"); and
• the mobile applications we publish on the Apple App Store (each an "App," and together with the Site, the "Services").

By using the Services, you agree to these Terms. If you do not agree, do not use the Services. For Apps, these Terms serve as the end-user license agreement ("EULA") between you and Minigamr.

How we handle personal information is described in our Privacy Policy, which is part of these Terms.

1. Using Our Website

The Site is provided for informational purposes. You may browse it, link to it, and share its content for personal, non-commercial purposes. You may not scrape, harvest, or bulk-collect content or contact information from the Site, misrepresent your affiliation with Minigamr, or interfere with the Site's operation.

2. License to Use Our Apps

Subject to these Terms, Minigamr grants you a limited, non-exclusive, non-transferable, revocable license to use each App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions — except that an App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

You may not (except to the extent a restriction is prohibited by applicable law):

• copy, modify, distribute, sell, rent, lease, or sublicense an App or any part of it;
• reverse engineer, decompile, or attempt to extract the source code of an App;
• remove or alter any copyright, trademark, or other proprietary notices; or
• use an App in any way that violates applicable law.

3. Apple App Store Terms

The following terms apply to every App distributed through the Apple App Store and are required by Apple. "Apple" means Apple Inc.

3.1 Acknowledgement

These Terms are concluded between you and Minigamr only, not with Apple. Minigamr, not Apple, is solely responsible for each App and its content. To the extent these Terms provide for usage rules that are less restrictive than or in conflict with the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions take precedence.

3.2 Maintenance and Support

Minigamr is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms or as required under applicable law. You and Minigamr acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

3.3 Warranty

Minigamr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for that App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Minigamr's sole responsibility.

3.4 Product Claims

You and Minigamr acknowledge that Minigamr, not Apple, is responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including but not limited to: (a) product liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

3.5 Intellectual Property Rights

You and Minigamr acknowledge that, in the event of any third-party claim that an App or your possession and use of an App infringes that third party's intellectual property rights, Minigamr, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

3.6 Legal Compliance

You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

3.7 Developer Contact Information

Questions, complaints, or claims with respect to any App should be directed to Minigamr LLC, 830 Oxford Dr, North Salt Lake, UT 84054, United States, or to the email address in the Contact Us section.

3.8 Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Apps.

3.9 Third-Party Beneficiary

You and Minigamr acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Apps, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

4. Accounts

Some Apps may let you create an account. If you do:

• you must provide accurate information and keep it up to date;
• you are responsible for keeping your credentials confidential and for all activity under your account;
• you must notify us promptly if you believe your account has been accessed without authorization;
• you may delete your account at any time from within the App (see our Privacy Policy for what happens to your data); and
• we may suspend or terminate your account as described in Section 14.

5. Purchases and Subscriptions

Some Apps may offer in-app purchases or auto-renewing subscriptions. All purchases in our Apps are processed by Apple through your Apple Account; we never receive your payment card details.

• Auto-renewal. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the current period ends, at the price shown when you subscribed (or as subsequently notified to you).
• Managing and canceling. You can manage or cancel subscriptions at any time in your device's Settings → your Apple Account → Subscriptions. Deleting an App does not cancel its subscription.
• Refunds. Purchases and refunds are handled by Apple under its terms. You can request a refund from Apple at reportaproblem.apple.com.
• Price changes. If a subscription price increases, Apple will notify you as required and, where required, ask for your consent before charging the new price.

6. Acceptable Use

When using the Services, you agree not to:

• break the law, or encourage or help others to do so;
• infringe anyone's intellectual property, privacy, or other rights;
• harass, threaten, or abuse others, or submit content that is unlawful, hateful, or deceptive;
• interfere with the Services — including introducing malware, probing or breaching security, or disrupting servers or networks;
• access the Services by automated means (bots, scrapers) or circumvent rate limits or access controls;
• cheat, exploit bugs for unfair advantage in multiplayer features, or buy, sell, or trade accounts.

7. Intellectual Property

The Services — including all software, designs, graphics, text, names, and logos — are owned by Minigamr LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license in Section 2, nothing in these Terms grants you any rights in the Services or in the "Minigamr" name or logo.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation — though we will always appreciate them.

8. Third-Party Services

The Services may link to or interoperate with third-party services (such as Apple's services, or advertising and analytics providers identified in our Privacy Policy). Those services are governed by their own terms and privacy policies, and we are not responsible for them.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are 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 Services will be uninterrupted, error-free, or secure, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. See also Section 12.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Minigamr will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Minigamr's total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us for the Services in the twelve months before the claim arose, and (b) fifty U.S. dollars (US $50).

Nothing in these Terms limits or excludes liability for: (a) fraud or willful misconduct; (b) gross negligence; (c) death or personal injury caused by negligence; or (d) any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Minigamr LLC and its members, managers, and employees from any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Services. This section does not apply to consumers in jurisdictions where such indemnities are unenforceable.

12. Consumer Rights (EU, UK & Elsewhere)

Nothing in these Terms limits or takes away rights you have under the mandatory consumer protection laws of the country where you live. If any provision of these Terms conflicts with those laws, that provision applies to you only to the extent permitted, and your statutory rights prevail.

If you are a consumer in the European Union or United Kingdom:

• Statutory guarantees. You have statutory rights to digital content that conforms to its description. These rights are not affected by anything in these Terms.
• 14-day right of withdrawal. For purchases of digital content, you generally have the right to withdraw within 14 days without giving a reason. If you consent to immediate delivery of digital content and acknowledge that you thereby lose the withdrawal right, the right lapses when delivery begins. Because our Apps are sold through the Apple App Store, withdrawal and refund requests are handled by Apple — you can submit one at reportaproblem.apple.com.
• Local courts. As described in Section 16, you may bring proceedings in the courts of your country of residence, and mandatory local law applies to you where it provides greater protection.

13. Age Requirements

You must be at least 13 years old to use the Services. If you are between 13 and 18 (or the age of legal majority where you live), you may use the Services only with the consent of a parent or guardian who agrees to these Terms on your behalf. If you are in a country where a higher age applies for consenting to data processing (up to 16 in parts of the EU), the requirements in our Privacy Policy also apply.

14. Termination

You may stop using the Services at any time, and may delete any account you created from within the relevant App. We may suspend or terminate your access to the Services (including any account) if you materially breach these Terms, if we are required to by law, or if we discontinue a Service — in the case of discontinuation of a paid service, we will provide reasonable advance notice where possible.

Sections that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — survive.

15. Changes to These Terms

We may update these Terms from time to time — for example, when we release a new App or feature. When we do, we will update the "Last updated" date at the top of this page, and if the changes are material we will provide more prominent notice (such as an in-App notice) at least 30 days before they take effect where required. Your continued use of the Services after changes take effect means you accept the updated Terms; if you do not agree, stop using the Services.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the remainder of this section, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Davis County, Utah, and both parties consent to the personal jurisdiction of those courts.

If you are a consumer in the European Union, United Kingdom, or another jurisdiction whose law entitles you to sue in your local courts or to the protection of your local law, nothing in this section deprives you of that right or protection.

17. General Provisions

• Entire agreement. These Terms (together with the Privacy Policy) are the entire agreement between you and Minigamr regarding the Services.
• Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, provided your rights are not reduced.
• No agency. Nothing in these Terms creates any partnership, employment, or agency relationship between you and Minigamr.

18. Contact Us

Minigamr LLC is a Utah limited liability company located in Davis County, Utah, United States. Our mailing address is 830 Oxford Dr, North Salt Lake, UT 84054, United States.

For questions, complaints, or claims regarding the Services, email us.