Terms of Service for "This or That"

Acceptance of Terms

By downloading, installing, or using the "This or That" mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

Description of Service

"This or That" is a free, entertainment-focused mobile game application developed and operated by an independent sole proprietor. The App presents users with decision-making scenarios accompanied by images sourced from Unsplash. The App is designed for entertainment purposes and provides:

• Classic Mode: Answer "This or That" questions with image-based choices
• Local gameplay tracking and score management
• Image attribution and photographer credits

Eligibility

The App is available to users of all ages. Users under the age of 13 should use the App with parental guidance. Parents and guardians are responsible for monitoring their children's use of the App.

License and Restrictions

License Grant

I grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

Restrictions

You agree NOT to:

• Modify, reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of the App
• Extract, scrape, or harvest images from the App
• Use the App in any way that could damage, disable, or impair the service
• Create derivative works based on the App or its content
• Distribute, sell, rent, lease, or sublicense the App to any third party

Third-Party Content and Services

Unsplash Images

The App displays images provided by Unsplash (https://unsplash.com). These images are:

• Subject to the Unsplash License (https://unsplash.com/license)
• Free to use for any purpose as permitted by Unsplash
• Not owned or controlled by me
• Displayed with proper photographer attribution when available

I am not responsible for the accuracy, availability, or content of images provided by Unsplash. Unsplash may change, remove, or restrict access to images at any time.

Advertising Services

The App may display advertisements provided by third-party advertising networks, including Google AdMob. These services operate under their own terms and conditions:

• Google AdMob Terms: https://policies.google.com/terms
• Advertisers are responsible for their ad content
• I do not endorse or guarantee any advertised products or services

External Links

The App may contain links to third-party websites (such as Unsplash photographer profiles). I am not responsible for the content, terms, or practices of any third-party sites. Your use of external websites is at your own risk.

User-Generated Content

Player Names and Local Data

• Any information you enter (such as player names) is stored locally on your device
• You are responsible for the content you create within the App
• Do not enter offensive, inappropriate, or illegal content
• I do not monitor, control, or have access to your locally stored data

Intellectual Property

Developer Rights

The App, including its design, code, graphics (excluding third-party images), text, and compilation, is owned by me as the developer and protected by copyright and other intellectual property laws.

Trademarks

"This or That" and associated logos and branding are my trademarks. You may not use these without my express written permission.

Third-Party Rights

• Unsplash images are property of their respective photographers
• I respect intellectual property rights and provide proper attribution
• All third-party trademarks belong to their respective owners

Disclaimers and Limitations of Liability

"AS IS" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Guarantees

I do not guarantee that:

• The App will be error-free, uninterrupted, or secure
• Defects will be corrected
• The App is free of viruses or harmful components
• Images from Unsplash will always be available
• The App will meet your specific requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, I (THE DEVELOPER) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

Maximum Liability

As this is a free app, in no event shall my total liability exceed $100 USD.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, liability will be limited to the maximum extent permitted by law.

User Conduct and Acceptable Use

You agree to use the App in a responsible and lawful manner:

• Respect the rights of others
• Do not use the App to harm, harass, or impersonate others
• Comply with all applicable local, state, national, and international laws
• Do not interfere with or disrupt the App's functionality
• Do not attempt to circumvent any security measures

Privacy

Your use of the App is also governed by the Privacy Policy, available at https://www.fryingaround.com/privacy-policy-this-or-that.html. Please review the Privacy Policy to understand data practices.

Key privacy points:

• No personal information is collected
• Game data is stored locally on your device
• Third-party services (Unsplash, AdMob) have their own privacy policies

Changes to the App

I reserve the right to:

• Modify, suspend, or discontinue the App at any time without notice
• Update features, content, or functionality
• Change or remove questions, game modes, or content
• Limit or restrict access to certain features

As a sole proprietor, I am not liable for any modifications, suspensions, or discontinuations of the App.

Updates and Modifications to Terms

I may update these Terms from time to time. When changes are made:

• The "Last Updated" date will be revised
• Significant changes will be communicated through App Store updates
• Continued use of the App after changes constitutes acceptance
• You should review these Terms periodically

If you do not agree to modified Terms, you must stop using the App.

Termination

By You

You may stop using the App at any time by deleting it from your device.

By Developer

I reserve the right to:

• Terminate or suspend access to the App at any time
• Remove the App from distribution platforms
• Discontinue the App entirely

Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• You must delete the App from your device
• Provisions regarding intellectual property, disclaimers, and limitations of liability survive termination

Geographic Restrictions

The App is controlled and operated from the United States. I make no representation that the App is appropriate or available for use in other locations. If you access the App from outside the United States, you are responsible for compliance with local laws.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

Informal Resolution

If you have a dispute, please contact me first at support@fryingaround.com to attempt informal resolution. As an independent developer, I'm committed to addressing user concerns directly.

Legal Action

If informal resolution fails, disputes may be resolved through:

• Small Claims Court: Either party may bring an action in small claims court if the dispute qualifies
• Regular Court: For disputes exceeding small claims limits, actions may be brought in the appropriate state or federal court

You retain all legal rights to pursue claims in court. There is no mandatory arbitration requirement.

Class Action Waiver

To the extent permitted by law, you agree to resolve disputes on an individual basis only, not as part of any class, consolidated, or representative action.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the developer regarding the App and supersede any prior agreements.

No Waiver

Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without prior written consent. The developer may assign these Terms without restriction.

Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service:

Email: support@fryingaround.com
Website: https://www.fryingaround.com
App Support: Available through the App Store

Acknowledgment

By using the App, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are authorized to accept these Terms
• You will comply with all applicable laws and regulations