These Terms of Use ("Terms") form a binding agreement between you ("you," "your," or "User") and AGM Apps ("we," "our," or "us") regarding your use of the Perspective Maze mobile game for iOS (the "App").
By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not install or use the App.
These Terms are entered into between you and AGM Apps. Apple Inc. is not a party to these Terms and is not responsible for the App or its content, except as expressly stated in Section 13 (Apple-Specific Terms).
Perspective Maze is a physics-based puzzle game in which you tilt your device to roll a ball through a maze toward a goal while avoiding obstacles. Features include:
The App is a game intended solely for entertainment. It does not provide any professional, financial, medical, or other advice, and is not a productivity or safety tool.
The App is suitable for all ages. If you are under the age of majority in your jurisdiction, you may use the App with the involvement of a parent or legal guardian who agrees to be bound by these Terms. By using the App, you represent that you have the legal capacity to enter into this agreement, or that a parent or guardian has done so on your behalf.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on any iOS device that you own or control, solely for your personal, non-commercial use, as permitted by the Apple App Store Terms of Service.
This license does not include any right to resell or commercially use the App, distribute it, or use it on behalf of any third party.
You agree that you will not, and will not permit any third party to:
The App is free to download and play and is supported by advertising: banner ads appear outside of gameplay, and from time to time continuing to new levels requires watching a short rewarded ad. Rewarded ads may require an internet connection. Ad serving is provided by Google AdMob and described in our Privacy Policy.
We may introduce in-app purchases (for example, ad removal) in a future version. If we do, we will update these Terms before that version is released, and any paid features will be processed by Apple through the App Store and governed by Apple's terms.
The App, including its source code, design, graphics, level layouts, text, logos, and branding, is owned by AGM Apps and is protected by United States and international copyright, trademark, and other intellectual property laws.
Except for the limited license granted in Section 4, no rights are granted to you in or to the App, our trademarks, or any related content. All rights not expressly granted are reserved.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE APP AT YOUR OWN DISCRETION AND RISK.
Play responsibly: The App is controlled by physically tilting and moving your device. Be aware of your surroundings, maintain a secure grip on your device, and take breaks. We are not responsible for any injury or property damage resulting from device movement during play.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGM APPS, ITS OWNERS, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP, OR (B) US $20.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless AGM Apps and its owners from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party right or applicable law.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AGM APPS TO RESOLVE MOST DISPUTES BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AT NO COST — SEE SECTION 11.7.
These Terms, and any dispute arising out of or relating to them or to the App, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Sections 11.3 through 11.7 are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, nothing in this Section deprives you of the protection of the mandatory consumer-protection provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country. Sections 11.3 and 11.4 do not apply to you.
Before starting arbitration or any other formal proceeding, you and AGM Apps agree to try in good faith to resolve the dispute informally for at least sixty (60) days. To begin, send an individually signed Notice of Dispute to [email protected] with the subject line "Notice of Dispute," containing: (a) your full name and mailing address; (b) the email address or store account you use with the App and roughly when you started using it; (c) a specific description of what happened and why you believe you have a claim; and (d) the specific relief you want, including any amount. A Notice submitted on behalf of multiple users, or missing any of these elements, does not satisfy this Section and does not start the sixty-day clock. AGM Apps will send you an equivalent notice before starting any claim against you. Completing this process is a condition precedent to starting arbitration. All applicable limitation periods are paused while it is under way.
If a dispute is not resolved under Section 11.2, you and AGM Apps agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App — including claims that arose before you accepted these Terms, and claims arising after these Terms end — will be resolved exclusively by final and binding individual arbitration, and not in court, except as provided in Sections 11.5 and 11.7.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration begins — available at adr.org or 1-800-778-7879. A single arbitrator will preside. If your claim is for US $25,000 or less, it will be decided on the documents alone unless the arbitrator decides a hearing is needed; any hearing may be held by telephone or video, and any in-person hearing will take place where you live. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking it. The award is final and binding, and judgment may be entered on it in any court of competent jurisdiction. Because the App is free, if AAA's rules require you to pay a filing fee, AGM Apps will reimburse it on your written request for any claim seeking US $10,000 or less, unless the arbitrator finds the claim was frivolous or brought for an improper purpose. Each party pays its own attorneys' fees and costs unless a statute or the award provides otherwise.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that only a court, and not an arbitrator, may decide any dispute about the enforceability, validity, or scope of the Class Action Waiver in Section 11.4.
Coordinated filings. If twenty-five (25) or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted against AGM Apps within any ninety (90) day period by or with the help of coordinated counsel, those claims will be administered under AAA's Mass Arbitration Supplementary Rules and resolved in sequential batches of no more than fifty (50) claimants, with one arbitrator and one set of fees per batch. All limitation periods stay paused for claims awaiting a batch.
YOU AND AGM APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND AGM APPS EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY. This waiver applies whether or not you opt out of arbitration under Section 11.7.
Blow-up provision. If a court or arbitrator decides that any part of this Section 11.4 is unenforceable as to a particular claim or request for relief, that claim or request will be severed, brought in court, and stayed pending arbitration of everything else. However, if the first paragraph of this Section 11.4 is held unenforceable as to all of your claims, then Sections 11.3 and 11.4 are null and void in their entirety as to those claims, and the dispute will be resolved in court under Section 11.5. Under no circumstances do the parties consent to class, collective, consolidated, or representative arbitration. This paragraph controls over the general severability provision elsewhere in these Terms.
Despite the above: (a) either party may bring an individual claim in a small-claims court that has jurisdiction, so long as it stays an individual claim there; (b) either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misappropriation of intellectual property, or unauthorized access to our systems; and (c) either party may bring an action to compel arbitration or to enforce an award.
For any claim not subject to arbitration, and for all claims if Sections 11.3 and 11.4 are held unenforceable or you opt out under Section 11.7, you and AGM Apps consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, United States, and each party waives any objection to that venue, including on grounds of forum non conveniens — except where mandatory consumer-protection law entitles you to bring proceedings where you live.
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be started within one (1) year after the claim accrues, or it is permanently barred. This does not apply where the law of your jurisdiction prohibits shortening the limitation period.
You can decline arbitration and keep your right to go to court. Email [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms — or, if you were already using the App before the Last Updated date shown at the top of this page, within thirty (30) days after that date. Include your full name, the email address or store account you use with the App, and a clear statement that you are opting out. Opting out is free, takes effect when we receive it, applies only to you, and will not affect your access to the App or any feature whatsoever. If you opt out, Section 11.3 and the class action waiver in the first paragraph of Section 11.4 do not apply to you; the jury trial waiver in Section 11.4 and Sections 11.1, 11.5, and 11.6 continue to apply.
You may stop using the App at any time by deleting it from your device. We may suspend or terminate your access to the App or any of its features at any time, with or without notice, if we believe you have violated these Terms or if continued operation would expose us to legal or security risk.
Upon termination, Sections 5 and 7 through 13 survive.
This section applies because the App is downloaded from the Apple App Store.
These Terms are between you and AGM Apps, not Apple. Apple is not responsible for the App or its content.
The license granted is limited to use of the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing.
AGM Apps is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services.
AGM Apps is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
AGM Apps, not Apple, is responsible for addressing any claims relating to the App or your use of the App, including but not limited to: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, AGM Apps, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and, where appropriate, notify you within the App. Continued use of the App after changes take effect constitutes your acceptance of the updated Terms.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and AGM Apps regarding the App.
Questions about these Terms? Contact us:
[email protected]Developer: AGM Apps · agmapps.net