Terms of service

These Terms of Service (“Terms”) are an agreement between you and Spirited Code, LLC (“Spirited Code,” “we,” “us,” or “our”). They cover your use of our mobile apps, virtual reality games, desktop software, and this website (together, the “Services”). By downloading, installing, or using the Services, you agree to these Terms. If you don't agree, please don't use the Services.

Using the Services

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use our apps on devices that you own or control, for your personal, non-commercial use, according to these Terms and the rules of the app store you got them from.

You agree not to:

• copy, modify, distribute, sell, or lease any part of the Services;
• reverse engineer the Services or try to extract their source code, except where the law expressly allows it;
• use the Services for anything illegal, harmful, or abusive, or in a way that interferes with other people's use of them;
• attempt to get around security features or access parts of the Services you're not authorized to use; or
• use the Services to build a competing product.

Purchases and subscriptions

Purchases, in-app purchases, and subscriptions are processed by the app store you buy from (such as Apple's App Store, Google Play, or the Meta Horizon Store) under that store's terms. Pricing, billing, renewals, cancellations, and refunds are handled by the store. For example, you manage or cancel subscriptions in your store account settings, and refund requests go to the store.

Your content

Some apps let you create or enter content, such as names, notes, or lists. That content is yours. You give us permission to process it only as needed to provide the features you use. See our privacy policy for how we handle information.

Our intellectual property

The Services, including their code, design, artwork, text, music, logos, and the Spirited Code name, belong to Spirited Code or its licensors and are protected by intellectual property laws. These Terms don't give you any rights to our trademarks or brand.

Feedback

If you send us suggestions or ideas, you agree that we may use them without any obligation to you. We love hearing them.

Health and safety in virtual reality

Virtual reality can cause motion sickness, eye strain, disorientation, or discomfort in some people. Play in a clear, safe space, take regular breaks, and stop right away if you feel unwell. Follow the health and safety guidance from your headset's manufacturer, including its age recommendations.

Third-party services

The Services may link to or work with services we don't control, such as app stores, device platforms, or websites. Your use of those services is governed by their own terms, and we aren't responsible for them.

Updates and availability

We may update, change, or stop offering any part of the Services at any time. Some updates may be required to keep using an app. We aren't liable to you if a feature or the Services become unavailable.

Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT RESULTS FROM THEM WILL BE ACCURATE. Calculations and suggestions made by our apps are meant to help, so please double-check anything important.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPIRITED CODE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM, OR US $50.

Some jurisdictions don't allow certain warranty exclusions or liability limits, so some of the above may not apply to you.

Termination

You can stop using the Services at any time by deleting our apps. We may suspend or end your access if you break these Terms. The sections of these Terms that by their nature should survive (such as intellectual property, disclaimers, and limitation of liability) will survive termination.

Apple App Store additional terms

If you downloaded an app from Apple's App Store, you also agree that:

• these Terms are between you and Spirited Code only, not Apple, and Spirited Code, not Apple, is solely responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
• Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims;
• if a third party claims the app infringes their intellectual property rights, Spirited Code, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
• you must comply with applicable third-party terms when using the app; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Governing law

These Terms are governed by the laws of the State of Nevada, United States, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Nevada, unless the law where you live gives you the right to bring claims elsewhere.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. If you keep using the Services after an update, you accept the updated Terms.

Contact us

Spirited Code, LLC
support@spiritedcode.com