Terms of Use

1. Agreement

These Terms of Use ("Terms") are a binding agreement between you and Axiomic, LLC, a California limited liability company ("Axiomic", "we", "us", "our"), governing your use of the Lunatic Fling app for iPhone and iPad (the "App") and the website at lunaticfling.com (the "Site"; together with the App, the "Service"). By downloading, installing or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

2. Who can use the Service

Lunatic Fling is made for a general audience, with its age rating shown on the App Store. It is not directed to children under 13. If you are under the age of majority where you live, a parent or legal guardian must review and accept these Terms on your behalf. A parent or guardian who allows a minor to use the Service accepts these Terms for them and is responsible for their use of the Service, including any purchases made on their device. Apple's Ask to Buy, part of Family Sharing, lets a parent approve purchases before they happen.

3. Apple and the App Store

The App is licensed to you through Apple's App Store, and Apple's Licensed Application End User License Agreement (the "Apple EULA") also applies. Where these Terms and the Apple EULA differ, these Terms control to the extent the Apple EULA permits. You and we acknowledge that:

• these Terms are between you and Axiomic only, not Apple, and Axiomic, 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 may refund the purchase price of the App (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App;
• Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection or similar claims;
• Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and are not listed on any U.S. Government list of prohibited or restricted parties;
• you must comply with any applicable third-party terms, such as your wireless data service agreement, when using the App; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

4. Your license

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices you own or control, as permitted by the App Store's Usage Rules (including Family Sharing, where available). All rights not expressly granted are reserved.

5. Free play and the Pilot's License

• Free. The game is free to download and play, including every daily sector, sharing your daily result, and scoreboards kept on your device.
• Pilot's License. An optional, one-time in-app purchase adds global Game Center leaderboards, daily and all-time, and paint schemes for your ship, for as long as the App remains available to you. It is not a subscription and does not renew.
• Payment. Prices are shown in the App Store before you buy and may vary by country. Apple processes all payments under its terms; we never receive your payment details.
• Restore. Restore Purchases, in the App, restores the Pilot's License on another device or after reinstalling, using the same Apple Account.
• Refunds. All purchases are final and non-refundable, except as provided by Apple's policies or required by law. Purchases are handled by Apple, and refund requests go to Apple, for example at reportaproblem.apple.com. We cannot issue refunds directly.

6. Game Center and fair play

Leaderboards run on Apple's Game Center and are subject to Apple's terms. Your Game Center nickname is set and managed through Apple, not by us; you can report an offensive nickname to Apple, and Apple handles it under its policies. To keep the boards fair for everyone flying the same sky, you agree not to:

• submit scores you didn't earn by playing the App as designed;
• use a modified copy of the App, cheats, automation, bots or exploits of bugs to raise your score;
• change your device's date or time to get extra scored daily attempts or to fly a future day's sector early; or
• interfere with the App, Game Center or other players' use of them.

We may disregard, remove or ask Apple to remove scores we reasonably believe break these rules, and we may report accounts to Apple.

7. Acceptable use

You agree not to: copy, modify, distribute, sell, rent, lease or sublicense the App or any part of it; reverse engineer, decompile or disassemble the App, except to the extent applicable law expressly permits despite this restriction; circumvent any technical measure in the App, including the in-app purchase; use the Service for any unlawful purpose; or remove any copyright, trademark or other notice.

8. Intellectual property

The Service, including its name, logos, ships, characters, art, sectors, music, sounds, text and code, is owned by Axiomic or its licensors and is protected by copyright, trademark and other laws. Lunatic Fling uses the Righteous and Chakra Petch typefaces under the SIL Open Font License 1.1. Apple, iPhone, iPad, Game Center and App Store are trademarks of Apple Inc., registered in the U.S. and other countries and regions.

9. Feedback

If you send us ideas or suggestions about the Service, you allow us to use them without restriction or compensation to you.

10. Updates and availability

We may update, change, suspend or discontinue any part of the Service at any time, including to fix bugs, rebalance the game, or change how daily sectors, scoring or leaderboards work. Leaderboards depend on Game Center, which Apple may change or discontinue. We may also stop offering the App, remove it from the App Store in any or all countries, or stop updating or supporting it, at any time and for any reason. If we do, a copy already on your device may keep working, but it may no longer be available to download or restore, receive updates, submit scores, or work with future devices or versions of iOS or iPadOS. We don't guarantee that the Service will always be available, or compatible with every device or future version of iOS or iPadOS. None of this entitles you to a refund from us; any refund is up to Apple under its policies (Section 5).

11. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free or secure, that leaderboards will always be available or accurate, or that game progress or scores will never be lost.

12. Limitation of liability

To the fullest extent permitted by law, in no event will Axiomic or its members, managers, employees, contractors or agents (the "Axiomic parties") be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits or goodwill, arising out of or relating to the Service or these Terms, even if advised of their possibility. The Axiomic parties' total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of one hundred U.S. dollars ($100) or the amount you paid for the Service in the twelve months before the event giving rise to the claim.

Some jurisdictions don't allow certain of these limitations, so some may not apply to you; nothing in these Terms limits any right you have that cannot lawfully be waived.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless the Axiomic Parties from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms or your misuse of the Service.

14. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-law principles. Subject to Section 15, the exclusive jurisdiction and venue for any action will be the state or federal courts located in Marin County, California, and you and we consent to their personal jurisdiction.

15. Arbitration agreement and class action waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first

Before starting any formal proceeding, you agree to contact us at marc@axiomic.ai with a description of the dispute and the relief you want, and to try in good faith to resolve it with us informally for at least 30 days.

Binding arbitration

If we can't resolve it informally, you and Axiomic agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Rules, if they apply), before a single arbitrator. The arbitration will take place in Marin County, California, or by video or telephone, or on the written submissions, at your election. The arbitrator may award the same individual relief a court could. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action waiver

All claims must be brought and arbitrated on an individual basis, and not on a class, representative or collective basis. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding.

Exceptions

Either party may bring an individual action in small claims court if the amount in controversy is less than $12,500 and the claim qualifies. Either party may also seek injunctive relief in court to protect its intellectual property rights.

30-day right to opt out

You may opt out of this arbitration agreement by emailing marc@axiomic.ai, with the subject "Arbitration opt-out", within 30 days of first accepting these Terms, stating your name and that you opt out. If you opt out, Section 14 applies to any dispute.

Severability of this section

If the class action waiver is found unenforceable as to a claim, that claim will be severed and decided in court under Section 14, and the rest of this section will continue to apply.

16. Changes to these Terms

We may update these Terms from time to time. We'll post the updated Terms here with a new "Last updated" date, and for material changes we'll give notice in the App or on the Site before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Termination

You may stop using the Service at any time by deleting the App. If you violate these Terms, your license ends automatically. We may also end or suspend your license, or the Service as a whole, at any time as described in Section 10. Sections 7 through 19 survive any termination.

18. General

These Terms, together with the Privacy Policy and, for the App, the Apple EULA, are the entire agreement between you and Axiomic about the Service. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign them without restriction. Headings are for convenience only.

19. Contact

Axiomic, LLC
1 Blackfield Dr PMB 216
Tiburon, CA 94920

Support, legal notices and arbitration opt-outs: marc@axiomic.ai