Terms of Use — Fandonia

These terms govern your use of the games and apps published by Fandonia LLC (“Fandonia,” “we,” “us”) and of this website. By installing or using one of our games or apps (the “Apps”), you agree to them. If you do not agree, please do not use the Apps. If you are under 18, a parent or guardian must accept these terms for you and is responsible for your use of the Apps and any purchases. QuoteVitals is the exception to everything here: it has its own Terms of Use and Privacy Policy at quotevitals.app, which govern it in place of these terms and our Privacy Policy.

Individual titles may add supplemental terms of their own — the specific purchases they offer, their age rating, licensed material they credit, and anything unusual about how they work. Those terms are published on that title's page under Games & Apps, they form part of these Terms for that title, and where the two conflict the title's page controls for that title alone. Everything here that a title's page does not change still applies to it.

Know what you are using. Our games are works of fiction; anything in them that resembles a real person, place, or event is coincidental. Our learning apps are simplified for the people they are made for, and are a first introduction rather than a reference. Our working tools are aids that you check, not answers you rely on. Nothing in any App is a prediction, a diagnosis, or advice of any kind — medical, psychological, legal, financial, or professional. Please do not make decisions about your health, money, work, relationships, or safety on the strength of what an App tells you. If you are struggling, talk to a qualified professional.

1. License

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Apps on devices you own or control, in accordance with these terms and the rules of the app store you downloaded them from. The Apps are licensed, not sold. Some titles replace this with a broader license that permits business use — where they do, it is written on that title's page.

2. Purchases

Our Apps are paid up front, offer optional in-app purchases, or — where a title runs a service that costs us money every month to operate — carry a subscription. They contain no advertising. Purchases are handled by Apple or Google under their terms, and refunds are governed by their policies. Where a title has a subscription, its length, price, renewal, and cancellation terms are set out in full on that title's page. Where a title offers in-app purchases, each one is listed with its price and what it unlocks on that title's page under Games & Apps. Virtual items have no real-world value and cannot be exchanged for money. If we discontinue an App, we will give reasonable notice where we can. In our children's titles, every purchase and every link that leaves the App sits behind a parental gate.

3. Acceptable use

Do not: copy, modify, reverse engineer, or resell the Apps; use them to break the law or harm others; interfere with their operation; or misrepresent their content as real advice, fact, or prediction. We will suspend access if these terms are violated.

4. Intellectual property

The Apps, this website, the Fandonia name and wordmark, and all artwork, writing, music, code, and content are owned by Fandonia LLC or its licensors and protected by copyright and trademark law. You may share screenshots and recordings of gameplay for personal, non-commercial purposes, with credit appreciated.

5. Privacy

We carry no advertising, we do not track you, we never sell or trade your information, and we never use what you put into our Apps to train anything. Those rules hold for every title without exception. Most of our titles store everything on your device and have no server at all; where a title has an account, its page and our Privacy Policy say exactly what is stored and how to export or delete it. The Privacy Policy is part of these terms.

6. Titles that have an account

Some titles — today, QuoteVitals — need an account and a server to do their job. QuoteVitals is governed by its own terms, not by this section. For those titles:

You are responsible for your credentials and for what is done under your account, including by people you give access to.
Everything you put in remains yours. We claim no ownership of it and no license to use it beyond storing it, showing it back to you, and keeping it safe and backed up.
Where your material contains information about other people, you are the controller of it and we act as your processor on your instructions.
You can export your data at any time and delete it whenever you choose.
We will suspend an account used to break the law, attack the service, or store material unrelated to the title's purpose. If we do, we will say why and give you your data.
We will work to keep the service available but do not guarantee uptime.

The specifics for each such title — what is stored, how long, how to get it out, and what happens if you stop paying — are on that title's page and form part of these terms.

7. Disclaimer of warranties

The Apps and this website are provided “as is” and “as available,” without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not promise the Apps will be uninterrupted or error-free.

8. Limitation of liability

To the fullest extent permitted by law, Fandonia LLC and its members, officers, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the Apps or this website. Our total liability for any claim will not exceed the amount you paid us in the twelve months before the claim, or ten U.S. dollars, whichever is greater. Some jurisdictions do not allow these limits, so they may not fully apply to you.

9. Changes

We may update the Apps and these terms. If we make material changes, we will update the effective date and, where practical, tell you inside the App. Continued use after a change means you accept it.

10. Governing law

These terms are governed by the laws of the Commonwealth of Kentucky and the United States, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Kentucky, and you consent to their jurisdiction. If you are a consumer in a jurisdiction that grants you non-waivable rights, those rights are not affected.

11. Apple and Google

If you downloaded an App from the Apple App Store, you acknowledge that Apple is not a party to these terms and has no obligation to provide support or maintenance for the App; Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. Similar terms apply to Google Play under Google’s developer distribution agreement. As between you and Apple, Fandonia, not Apple, is responsible for the App, for any warranty the law imposes, and for handling any claim about the App, including product liability, consumer protection, legal compliance and intellectual property claims. If the App fails to meet a warranty that applies to it, you may tell Apple and Apple will refund the purchase price; Apple has no other warranty obligation for the App. You confirm that you are not in a country subject to a U.S. government embargo and are not on a U.S. government list of prohibited or restricted parties.

12. Contact

Questions? Email direction@fandonia.app.