These Terms of Use (“Terms”) are an agreement between you and Nikhil Kishore, the independent developer of Fold & Flip (“we”, “us”), for your use of the Fold & Flip app (“the app”). By downloading or using the app you agree to these Terms. If you do not agree, do not use the app.
These Terms are between you and us only, not Apple Inc. (“Apple”). We, not Apple, are solely responsible for the app and its content.
1. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may also be used by other accounts associated with you through Family Sharing or volume purchasing. The app is licensed, not sold, to you.
You may not, except where the law allows it despite this restriction: copy, modify or distribute the app; reverse-engineer, decompile or disassemble it; rent, lease, lend, sell or sublicense it; or remove any copyright or other notices from it.
2. The game
Fold & Flip is a game played for fun. Outcomes come from page numbers in the app’s books. Nothing in the app can be wagered, and there are no prizes, cash or rewards with real-world value. Scores, streaks, personal bests and anything else earned in the app have no monetary value and cannot be exchanged for money or anything else.
The app is free and has no in-app purchases. If we ever offer purchases, they will be made through Apple’s In-App Purchase under Apple’s terms, and we will update these Terms first.
3. Game Center
Leaderboards are provided through Apple’s Game Center, which is optional and governed by Apple’s terms and privacy policy. You agree not to manipulate scores, use cheats, automation or modified versions of the app, or exploit bugs to gain an unfair place on a leaderboard. Apple controls Game Center, so we cannot edit or remove individual scores ourselves, but we may ask Apple to act on scores that break these Terms.
4. Using your device safely
On iPhone Duo the app is played by folding and opening the phone. Handle your device with normal care, and do not use the app while driving or in any situation where it would distract you from your surroundings. You are responsible for your device; we are not liable for damage to it from use of the app. Folding is never required: you can play by swiping instead (Settings › Play by).
5. Content and intellectual property
The app, including its code, design, artwork, sounds, game rules and the presentation of its books, belongs to us and is protected by copyright and other laws. These Terms do not give you any rights to it beyond the licence in section 1.
The books in the app are public-domain classics. Their texts are free for anyone to use; our edition, page layout and design are not. The fonts are used under the SIL Open Font License, and copies of those licences are included with the app.
Your highlights, pencil notes and other reading marks stay on your device and belong to you.
6. Privacy
Our Privacy Policy explains how the app handles information. In short, it collects none.
7. Updates and changes
We may update, change or stop offering the app or any of its features at any time. Some updates may be needed to keep using the app. We may also change these Terms; if we do, we will post the new version in the same place as these Terms and update the effective date. Continuing to use the app after a change means you accept the new Terms.
8. Maintenance and support
We alone are responsible for providing any maintenance and support for the app, by email at support@kishorelabs.com, or as required by law. Apple has no obligation at all to provide maintenance or support for the app.
9. No warranty
To the fullest extent permitted by law, the app is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the app will be error-free, uninterrupted or always compatible with your device.
If the app fails to conform to any warranty that cannot be excluded by law, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you. To the fullest extent permitted by law, Apple has no other warranty obligation of any kind with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to any warranty are our sole responsibility.
10. Limitation of liability
To the fullest 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 from your use of or inability to use the app. Our total liability for any claim relating to the app will not exceed the amount you paid for it, if any. Nothing in these Terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or your statutory rights as a consumer.
11. Product claims
We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar laws.
12. Intellectual property claims
If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
13. Legal compliance
You confirm 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.
14. Third-party terms
You must comply with any third-party terms that apply when using the app, such as your wireless carrier’s terms and Apple’s terms for Game Center.
15. Termination
These Terms apply until ended by you or us. You can end them at any time by deleting the app. Your rights under these Terms end automatically if you break them. When they end, you must stop using the app and delete it. Sections 5 and 9 to 17 continue to apply after termination.
16. Apple as third-party beneficiary
You and we agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that once you accept them, 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.
17. General
These Terms are governed by the laws of the country in which the developer is established, without regard to its conflict-of-law rules. This does not take away any protection you have under the mandatory consumer laws of the country where you live. If any part of these Terms is found unenforceable, the rest stays in effect. If we do not enforce a right, we have not waived it. These Terms, together with the Privacy Policy, are the whole agreement between you and us about the app.
18. Contact
Questions, complaints or claims about the app: Nikhil Kishore, support@kishorelabs.com.