Terms of Service
Acceptance of Terms
These Terms of Service ("Terms") govern your use of Tilemind (the "App"), provided by Penguin Labs, LLC ("we", "us", or "our"). By installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
Eligibility
The App is rated 9+. If you are under 13, a parent or legal guardian must permit your use and accept these Terms on your behalf.
You represent that you have the legal capacity to enter into these Terms in your jurisdiction.
License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-commercial license to install and use the App on devices you own or control, solely for your personal use.
This license does not allow resale, sublicensing, commercial exploitation, reverse engineering, modification, removal of proprietary notices, unlawful use, or use to develop or train competing products.
Apple as a third-party beneficiary. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce the license terms. Use is also subject to the App Store Terms of Service and Apple's standard EULA.
Acceptable Use
You agree not to violate law, infringe rights, harm others, interfere with the App, attempt unauthorized access, introduce malware, use unauthorized automation, overburden infrastructure, reverse engineer the App, or misrepresent your identity.
Subscriptions and In-App Purchases
The App may offer subscriptions or one-time in-app purchases. Payments are processed by Apple's App Store. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your platform account settings.
Refunds and Cancellation
Refunds for purchases made through Apple's App Store are handled by the relevant platform. We are unable to issue refunds directly for platform purchases.
Intellectual Property
All content, features, and functionality of the App are owned by Penguin Labs, LLC or our licensors and are protected by intellectual property laws. Tilemind and related branding may not be used without prior written permission.
You retain rights in content you submit, but grant us a limited license to host, display, and process that content as necessary to provide the App.
Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not warrant that the App will be uninterrupted, secure, available, error-free, free of harmful components, or that results will meet your requirements.
Limitation of Liability
To the maximum extent permitted by law, Penguin Labs, LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages. Our total cumulative liability shall not exceed the greater of the amount you paid us in the previous twelve months or fifty U.S. dollars (US$50).
Indemnification
You agree to indemnify and hold harmless Penguin Labs, LLC from claims arising from your use of the App in violation of these Terms, your violation of law, your violation of third-party rights, or content you submit through the App.
Termination
We may suspend or terminate access for conduct that violates these Terms, harms others, creates legal risk, or is fraudulent or abusive. You may stop using the App at any time.
Governing Law and Dispute Resolution
These Terms are governed by the laws of United States, Massachusetts, without regard to conflict-of-law principles.
Binding arbitration. Disputes will be resolved by binding individual arbitration rather than in court. You may opt out within 30 days by emailing apps@penguinlabs.net with the subject "Arbitration Opt-Out."
Class Action Waiver
Disputes will be conducted on an individual basis only, not as a class, collective, consolidated, private attorney general, or representative action.
Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated in the App or by email at least 30 days before they take effect where required.
Miscellaneous
If any provision is invalid, the remaining provisions remain in effect. Failure to enforce a right is not a waiver. These Terms and the Privacy Policy are the entire agreement regarding the App. You may not assign these Terms without consent. We are not liable for events beyond our reasonable control. These Terms are written in English.
Contact
If you have questions about these Terms, contact us at apps@penguinlabs.net.
These Terms were prepared as a good-faith effort to set out the rights and obligations of users and the developer in plain language.