In order to protect products of Pii Mobile Limited (our "APP") and the members of our community, we need these terms of service to set out some terms for downloading and using our APP. We don't like terms any more than you do, so we have tried to keep this as short as possible. If you break these terms we may stop you from using our APP. If we think it is necessary, we might even have to ask our lawyers to get in touch. If you buy, download, use or play our APP, you are agreeing to stick to these terms of service ("TOS"). If you don't want to or can't agree to these terms, then you must not buy, download or use our APP. By agreeing to this TOS you also agree to all parts of these three documents, so please read through them carefully.
ONE MAJOR TERM
The one major term is that you must not distribute anything we've made. By "distribute anything we've made" what we mean is "give copies of the APP away, make commercial use of, try to make money from, or let other people get access to our APP and its parts in a way that is unfair or unreasonable". So the one major term is that (unless we specifically agree it, such as in brand and asset usage guidelines) you must not:
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do cool stuff - but just don't do those things that we say you can't.
When you download our APP, we give you permission to install the APP on your own personal mobile devices and use and play it on any mobile devices you own as set out in this TOS. This permission is personal to you, so you are not allowed to distribute the APP (or any part of it) to anyone else. This also means you cannot sell or rent the APP, or make it available for access to other people and you cannot pass on or resell it.
If you've downloaded the APP, you should never modify it. Basically, when we detect a hacked version of the APP, we will ban your account and mobile devices in the APP.
Within reason you're free to do whatever you want with screen-shots and videos of the APP. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights. If you upload videos of the APP to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially the simple term is do not make commercial use of anything we've made unless specifically agreed by us, either in our brand and asset usage guidelines or under this TOS. Oh and if the law expressly allows it, such as under a "fair use"or fair dealing"doctrine then that's OK too, but only to the extent that the law says so.
...and so that we are crystal clear, what we have made includes, but is not limited to, the client or the server software for our APP. It also includes modified versions of a APP, part of it or anything else we've made.
In order to ensure the integrity of the APP, we need all APP downloads to come from a single central source: us. It's also important for us that 3rd party tools/services don't seem "too official"as we can't guarantee their quality. Make sure that you read through our brand and asset usage guidelines too.
OWNERSHIP OF OUR APP AND OTHER THINGS
Although we give you permission to use our APP, we are still the owner of it. We are also the owner of our brands and any content contained in the APP except the contents and designs provided by our business partners, including their logos, trademarks, registered business names and uploaded graphics. When you pay in our APP, you are buying a permission use some specific functions in our APP in accordance with this TOS - you are not buying the APP itself. The only permissions you have in connection with the APP are the permissions set out in this TOS.
Your use of the APP and Services grants you no right or license to reproduce or otherwise use any of us or third party trademarks or other proprietary content.
You can use it, yourself, on your own mobile devices.
Below we also give you limited rights to do other things but we have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything we've made we're humbled, but please make sure that it can't be interpreted as being official and that it complies with this TOS and the brand and asset usage guidelines and above all do not make commercial use of anything we've made. The permission we give you to use our APP can be revoked if you break the terms of this TOS.
CONTENT
If you make any content available on or through our APP, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content. If you don't want to give us this permission, do not make content available on or through our APP. Please think carefully before you make any content available, because it will be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our APP, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not make available using our APP include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person's reputation; posts that include porn, advertising or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our APP must also be your creation. You must not make any content available, using the APP, that infringes the rights of anyone else. If you post content on our APP, and we get challenged, threatened or sued by someone because the content infringes that persons rights, we may hold you responsible and that means you may have to pay us back for any damage we suffer as a result. Therefore it is really important that you only make content available that you have created and you don't do so with any content created by anyone else.
UPGRADES
We might make upgrades and updates available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any APP. Of course, we hope to continue to release new updates for our APP, we just can't guarantee that we will do so.
IN-APP PURCHASE("IAP")
Our App may offer IAP, which allows you to purchase virtual goods, features, or functionality within the App. The IAP may be offered in different forms, such as subscription plans, add-on features, or other types of virtual goods.
We may offer a free trial period for certain IAP, which allows you to try our App for a specified period of time without charge ("Free Trial"). The Free Trial may be offered in different forms, such as a limited-time trial or a limited-use trial.
SUBSCRIPTION PLANS
Some IAP may be offered as subscription plans, which allow you to access certain features or functionality on a recurring basis. The subscription plans may be offered in different forms, such as monthly or yearly plans.
You must be at least 18 years old, or the age of majority in your jurisdiction, to subscribe to any plan. If you are a minor, you must have the permission of your parent or legal guardian to subscribe to any plan.
OUR LIABILITY
When you get a copy of our APP, we provide it 'as is'. Updates and upgrades are also provided 'as is'. This means that we are not making any promises to you about the standard or quality of our APP or that our APP will be uninterrupted or error free or for any loss or damage that they cause. We only promise to provide the APP and any services with reasonable skill and care and even then you have to accept that we may release APPs well before they are complete and so they may (and often will) have bugs but that's a price you pay for getting them so early. The law in most countries says that we can't disclaim liability for death or personal injury caused by our negligence so if your computer gets up and stabs you because of something we've done wrong then we'll take the hit on that.
TERMINATION
If we want we can terminate this TOS if you breach the terms. You can terminate it too, at any time, all you have to do is uninstall the APP from your mobile devices and the TOS will be terminated. If the TOS is terminated, you will no longer be allowed to play our APP. The paragraphs about "Ownership of Our APP", "Our Liability"and "General Stuff"will continue to apply even after the TOS is terminated.
GENERAL STUFF
The TOS is subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation. We may also change this TOS from time to time but those changes will only be effective to the extent that they can legally apply. For example if you only use the APP in old version and don't use the updates we make available then the old TOS applies but if you do use the updates or use parts of the APP that rely on our providing ongoing online services then the new TOS will apply. In that case we may not be able to / don't need to tell you about the changes for them to have effect so you should check back here from time to time so you are aware of any changes to the TOS. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the APP and we therefore need to put a lid on it. If you come to us with a suggestion for any one of our APPs, that suggestion is made for free. This means we can use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.
® Pii Mobile Limited
Created: 01 Oct 2020
Updated: 02 April 2023