Terms of Service
Terms and Conditions
====================
Last updated: April 13, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined
under the following conditions.
The following definitions shall have the same meaning regardless of whether
they appear in singular or in plural.
Definitions
-----------
For the purposes of these Terms and Conditions:
* Application means the software program provided by the Company downloaded
by You on any electronic device, named Robot Quest
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or
parts of our Service.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Perfect Day Productions Inc. , 703 6th Ave N,
Seattle, WA 98109.
* Country refers to: Washington, United States
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Feedback means feedback, innovations or suggestions sent by You regarding
the attributes, performance or features of our Service.
* In-app Purchase refers to the purchase of a product, item, service or
Subscription made through the Application and subject to these Terms and
Conditions and/or the Application Store's own terms and conditions.
* Service refers to the Application.
* Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
* Free Trial refers to a limited period of time that may be free when
purchasing a Subscription.
* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgement
===============
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Subscriptions
=============
Subscription period
-------------------
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis
(such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under
the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
--------------------------
You may cancel Your Subscription renewal either through Your Account settings
page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current
Subscription period and You will be able to access the Service until the end
of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel
the renewal of Your Subscription with the Application Store.
Billing
-------
You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information.
Should automatic billing fail to occur for any reason, the Company will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is
handled by the Application Store and is governed by the Application Store's
own terms and conditions.
Fee Changes
-----------
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the
end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
-------
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on
a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application
Store's refund policy will apply. If You wish to request a refund, You may do
so by contacting the Application Store directly.
Free Trial
----------
The Company may, at its sole discretion, offer a Subscription with a Free
trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for
the Free trial.
If You do enter Your billing information when signing up for a Free Trial, You
will not be charged by the Company until the Free trial has expired. On the
last day of the Free Trial period, unless You cancelled Your Subscription, You
will be automatically charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify
the terms and conditions of the Free Trial offer, or (ii) cancel such Free
trial offer.
In-app Purchases
================
The Application may include In-app Purchases that allow you to buy products,
services or Subscriptions.
More information about how you may be able to manage In-app Purchases using
your Device may be set out in the Application Store's own terms and conditions
or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a
In-app Purchase, that In-app Purchase cannot be cancelled after you have
initiated its download. In-app Purchases cannot be redeemed for cash or other
consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it
has been successfully downloaded, we will, after becoming aware of the fault
or being notified to the fault by You, investigate the reason for the fault.
We will act reasonably in deciding whether to provide You with a replacement
In-app Purchase or issue You with a patch to repair the fault. In no event
will We charge You to replace or repair the In-app Purchase. In the unlikely
event that we are unable to replace or repair the relevant In-app Purchase or
are unable to do so within a reasonable period of time and without significant
inconvenience to You, We will authorize the Application Store to refund You an
amount up to the cost of the relevant In-app Purchase. Alternatively, if You
wish to request a refund, You may do so by contacting the Application Store
directly.
You acknowledge and agree that all billing and transaction processes are
handled by the Application Store from where you downloaded the Application and
are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to
contact the Application Store directly.
User Accounts
=============
When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
=====================
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of the Company.
Your Feedback to Us
===================
You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and licence to use, reproduce, disclose, sub-licence, distribute, modify
and exploit such Feedback without restriction.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
=====================================
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
===================================================
If You are a U.S. federal government end user, our Service is a "Commercial
Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
==========================
These Terms and Conditions may have been translated if We have made them
available to You on our Service.
You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
=====================================
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
==========
If you have any questions about these Terms and Conditions, You can contact
us:
* By email: info@perfectday.games
© Perfect Day Productions Inc. “Perfect Day” is a registered trade mark of Perfect Day Productions Inc. All rights reserved.
