Draft — under legal review, not yet in effect.

Zoodoku Terms of Service

Effective date: [to be set at launch]

The short version

• You may play Zoodoku on your own devices for fun. Please don't cheat, hack or resell it.
• The game is free and shows ads. You can buy extras through the App Store or Google Play.
• Hints, habitat packs and other in-game items have no cash value. Refunds go through Apple or Google under their policies.
• We work hard on the game, but it's provided "as is", and our liability is limited.
• Washington State law applies. If something goes wrong, email us first: [email protected].

These Terms are an agreement between you and Zoodoku, LLC, a Washington limited liability company ("Zoodoku", "we", "us"). They cover the Zoodoku app for Android and iOS (the "app"), the website https://zoodoku.games (the "site"), and anything you get through them (together, the "Service").

Words we use. "Virtual items" means anything in the game that you earn, buy or unlock, such as hints, habitat packs or ad-free play. "Store" means the Apple App Store or Google Play, whichever you got the app from. "Consumer law" means the laws that protect you as a consumer where you live and that can't be waived by agreement.

1. Accepting these Terms

By downloading, installing or using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle personal data. If you don't agree, please don't use the Service.

App store terms. Your use of the app is also subject to the terms of the store you got it from.

• Google Play: Google Play's Terms of Service apply to your download and purchases.
• Apple App Store: Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) also applies. You and we agree that:
  • these Terms are between you and Zoodoku only, not Apple, and Zoodoku, not Apple, is responsible for the app and its content;
  • Apple has no obligation to provide maintenance or support for the app;
  • if the app fails to meet a warranty that applies by law, you may notify Apple, and Apple will refund the purchase price (if any) of the app; to the extent the law allows, Apple has no other warranty obligation for the app;
  • Zoodoku, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws;
  • Zoodoku, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the app infringes intellectual property rights;
  • you confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and you are not on any US Government list of prohibited or restricted parties;
  • you will comply with any third-party terms that apply when you use the app; and
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Pending review (T1)

2. Who can use Zoodoku

You must be at least 13 years old to use the Service. If you're under 18 (or the age of majority where you live), you may use the Service only with the involvement of a parent or legal guardian, who agrees to these Terms for you and is responsible for any purchases you make. Parents can use the purchase controls in the App Store and Google Play to require approval for purchases.

You may not use the Service if the law where you live prohibits it.

Pending review (T2)

3. Your player ID and your device

You don't need an account to play. Planned The app creates a random player ID on your device so it can keep your hint balance and progress on our servers and match your purchases. Planned You may be able to sign in with Apple or Google to keep your progress across devices.

You're responsible for your device and for keeping it secure. If you delete the app, reset your device or lose it, game data stored only on the device may be lost. Purchases of permanent items can be restored through the store (see section 4). Please tell us at [email protected] if you think someone has used the Service in your name.

4. The game, ads and purchases

4.1 What Zoodoku is

Zoodoku is a sudoku-style logic puzzle game played with animals instead of numbers. You can play offline. We may add, change or remove puzzles, habitats, features and modes, and may stop offering the Service, as described in section 11. Basic play, including Undo, is free and isn't locked behind purchases or ads. Pending review (T3)

4.2 Ads

The game is free because it shows ads from Google AdMob Planned. Ads may appear between puzzles and on the home screen, never in the middle of a puzzle, and you can choose to watch a rewarded ad to earn a hint. Ads are provided by third parties; we don't control them and don't endorse what they advertise. Where you buy ad-free play, it removes the ads that appear between puzzles and on the home screen, while optional rewarded ads stay available. How ad data is used, and your choices about it, are explained in the Privacy Policy.

A rewarded-ad hint is granted only after the ad is watched to the end and the reward is confirmed. Ads aren't always available, and we can't guarantee one will be.

4.3 Hints, habitat packs and other virtual items Planned

• A license, not property. Virtual items give you a limited right to use them in the game. They aren't your property, have no cash or monetary value, and can't be sold, traded, transferred or exchanged for money or anything outside the game.
• Consumables. Hints are used up when you use them. We may correct a hint balance that is wrong because of a bug, a refunded purchase, or a forged or repeated reward.
• Permanent items. Items you buy once, such as habitat packs or ad-free play, are linked to your store account. You can restore them on a new device using the app's Restore Purchases option.
• Paying. Prices are shown in the store before you buy. Apple or Google takes payment and is the seller of record for the transaction; we never see your card details.
• Refunds. Refunds are handled by the store under its policies: Apple (https://support.apple.com/118223) and Google Play (https://support.google.com/googleplay/answer/2479637). Except as the store's policy or consumer law requires, purchases aren't refundable by us. Pending review (T4)
• EEA and UK players. Virtual items are digital content supplied immediately. When you buy, you agree that delivery starts right away and acknowledge that you then lose your 14-day right to withdraw. Pending review (T5)
• If the game ends. If we stop offering the Service, we'll give at least [60] days' notice in the app or on the site where we reasonably can. Unused virtual items will then end, and we won't refund them except where the store's policy or consumer law requires. Pending review (T6)

5. Acceptable use

Please play fair. You agree not to:

• cheat, use bots or automation, or exploit bugs to get hints, rewards or items you didn't earn or buy (please report bugs to [email protected] instead);
• forge, replay or tamper with rewarded-ad callbacks or purchase receipts, or commit ad fraud (for example, generating fake ad views or clicks);
• copy, modify, or create derivative works of the app, or decompile, reverse engineer or disassemble it, except where the law expressly allows it despite this restriction;
• interfere with or overload our servers, probe them for vulnerabilities without our permission, or get around security, ads or purchase controls;
• rent, sell, sublicense or distribute the app or virtual items, or use the Service commercially; or
• use the Service in a way that breaks the law or harms others.

6. Your content and feedback

Zoodoku doesn't let you post or share content with other players. If you send us ideas, suggestions or feedback, you agree that we may use them freely, without paying you or owing you anything. Please don't send anything confidential.

7. Intellectual property and your license

The Service, including the game, puzzles, animal art, sounds, text, software and the Zoodoku name and logo, belongs to Zoodoku or its licensors and is protected by intellectual property laws.

As long as you follow these Terms, we give you a limited, personal, non-commercial, non-exclusive, non-transferable, revocable license to download, install and use the app on devices you own or control, as the store's rules allow. All rights we don't expressly grant are reserved.

Some parts of the app are open-source software, which are licensed under their own terms. Pending review (T7)

8. Privacy

Our Privacy Policy explains what we collect, why, and the choices you have.

9. Disclaimers and limitation of liability

Disclaimers. We want Zoodoku to be fun and work well, but the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that the Service will always be available, error-free or secure, that every puzzle will be to your liking, or that saved data will never be lost.

Limitation of liability. To the extent the law allows:

• we aren't liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or loss of goodwill, arising from or related to the Service; and
• our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid for the app and virtual items in the 12 months before the claim and (b) US$50. Pending review (T8)

What we don't limit. Nothing in these Terms limits liability that can't be limited by law, such as liability for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence, and nothing affects your rights under consumer law. If you live in the EEA or the UK, we are liable under statutory provisions for intent and gross negligence, and the limits above don't apply where your local law doesn't allow them. Pending review (T9)

10. Indemnification

If you break these Terms or the law while using the Service, and that leads to a claim against us by someone else, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows. This doesn't apply to consumers where local law doesn't permit it. Pending review (T10)

11. Ending your use of the Service

• You can stop at any time by deleting the app. To delete data we hold, see the Privacy Policy.
• We may suspend or end your access to the Service, or remove virtual items obtained improperly, if you seriously or repeatedly break these Terms, if we must do so by law, or to protect players or the Service. Where reasonable, we'll tell you why.
• We may stop offering the Service (see section 4.3, "If the game ends").

When your access ends, your license ends and virtual items end with it. Sections 4.3 (no cash value), 6, 7, 9, 10, 12 and anything that by its nature should survive, survive.

12. Governing law, disputes and general terms

Talk to us first. Most problems can be fixed quickly. Before bringing a claim, please email [email protected] with a description of the problem, and give us 30 days to try to resolve it. This doesn't stop you from going to court if a deadline is about to expire.

Governing law. These Terms and any dispute about the Service are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules.

Where disputes are heard. Any dispute will be heard in the state or federal courts located in King County, Washington, and you and we consent to their jurisdiction. Either of us may instead bring an individual claim in small claims court where you live, if it qualifies. Pending review (T11)

EEA and UK players. If you're a consumer in the EEA or the UK, the choice of Washington law doesn't deprive you of the protections of the mandatory laws of the country where you live, and you may bring claims in the courts of that country. Pending review (T12)

General. These Terms (with the Privacy Policy and the store terms in section 1) are the whole agreement between you and us about the Service. If a part of them can't be enforced, the rest still applies. If we don't enforce a term right away, we haven't waived it. You may not transfer these Terms; we may transfer them as part of a merger, sale or reorganization of our business. We aren't responsible for delays or failures caused by events beyond our reasonable control. You must comply with US export control and sanctions laws in using the app. We may send you notices in the app, on the site, or by email if you've written to us.

13. Changes to these Terms

We may update these Terms as the game or the law changes. We'll change the "Effective date" at the top, and if a change is material, we'll tell you in the app or on the site at least [30] days before it takes effect, unless it must take effect sooner for legal or security reasons. Changes won't apply to disputes that arose before they took effect. If you keep using the Service after a change takes effect, the new Terms apply; if you don't agree, please stop using the Service. Pending review (T13)

14. Contact

• Support and questions about these Terms: [email protected]
• Privacy and data requests: [email protected]

Zoodoku, LLC, Washington, USA.