Terms of Useתנאי שימוש

1. About these terms

These Terms of Use (the "Terms") are an agreement between you and Shahar Amir, an individual developer based in Israel ("we", "us"), about the Beep & Bag game for iPhone, its updates and content (the "game"), and this website. By downloading, installing or using the game, you agree to these Terms and to our Privacy Policy, which explains how information is handled. If you don't agree, don't use the game.

Apple's Licensed Application End User License Agreement (the "Apple Standard EULA") also applies to the game. These Terms add to it. If these Terms and the Apple Standard EULA conflict on a matter concerning Apple or the App Store, the Apple Standard EULA prevails.

2. Who can use the game

You may use the game if you can form a binding contract under the laws of your country. If you are a minor under those laws, you may use the game only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use, including any purchases. Parents can control purchases with Apple's Screen Time and Ask to Buy. The game is not directed at children under 13.

3. Your license

We give you a limited, personal, non-exclusive, non-transferable, non-sublicensable license, revocable as described in section 16, to download and use the game for your own non-commercial entertainment on Apple-branded devices that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where it applies). The game is licensed, not sold. We and our licensors keep all rights not expressly given to you.

4. Virtual items and in-game currency

The game includes virtual items and currency, such as coins, stars, boosters, Lucky Bags, chests, album cards and storefront upgrades ("virtual items"). Virtual items, whether earned or obtained through a purchase, give you only a limited license to use them inside the game. They have no real-world monetary value, are not your property, and can't be sold, traded, transferred, gifted or exchanged for money or anything of value, inside or outside the game, except where we expressly allow it in the game.

We may manage, adjust, rebalance, rename, limit or remove virtual items, prices, rewards and game mechanics at any time, for example to keep the game fair and fun, fix bugs or exploits, or develop the game. Virtual items obtained through bugs, errors or cheating may be removed. For items you paid real money for, changes are subject to applicable law: we won't remove or materially reduce a purchased item without a valid reason, and where the law gives you a remedy (for example a refund or the right to end the contract), you keep it.

5. In-app purchases

Version 1.0 of the game has no in-app purchases and sells nothing. The in-game shop only exchanges coins you earn by playing for boosters, and a "sale", "Buy" button or price in coins inside the game never involves real money. A future version may offer optional in-app purchases, for example one-time purchases or bundles. If it does, purchases will be made through the App Store, processed by Apple and governed by the Apple Media Services Terms and Conditions. Prices will be shown in the App Store before you buy and may change. We won't receive or store your payment details.

Purchases, if offered, are generally final. Refund requests are handled by Apple, not by us, at reportaproblem.apple.com, under Apple's policies and as required by law. Nothing in these Terms limits any right you have under mandatory consumer law, including, where it applies, the Israeli Consumer Protection Law 5741-1981 or the right of withdrawal under EU or UK law. Purchased items are tied to your Apple Account; you can restore them through the game's restore option while the game and the purchase remain available. What each purchase includes is described in the store at the time of purchase.

6. Advertising

Version 1.0 of the game shows no ads. From version 1.1, the game offers optional rewarded video ads provided by Google AdMob. Later versions may show advertising from other third-party ad partners, and ads for our own games. Any advertising and the data it uses are subject to our Privacy Policy, your consent where the law requires it, and applicable law, and the Privacy Policy will be updated before a version that changes this is released.

Within those limits, we decide whether, when and how ads appear, and we may change this at any time, including:

• the ad formats, for example optional rewarded ads you choose to watch for an in-game reward, banner ads or full-screen ads;
• where and how often ads appear, and which ad partners we use;
• which rewards are offered for watching an ad, their value, and how many rewarded ads you can watch in a period (for example a daily limit);
• offering different ad experiences to different players or regions, for example to test what works best, or because of consent choices or the law;
• limiting, pausing or stopping ads or ad rewards.

Ads need an internet connection and may use mobile data. They may not always be available, and you have no right to a particular ad or reward. A reward is given only when an ad is completed as the game describes and the game confirms it, and rewards are virtual items under section 4. We ask our ad partners for ads that suit the game's age rating, but ads are selected and created by third parties, and we don't review or control each ad. Advertisers are responsible for their ads and for their products, services and websites; any dealings you have with an advertiser are between you and that advertiser. If you see an ad that seems inappropriate, please tell us. If we offer a purchase that removes ads (such as "Ad-Free"), it covers what the store describes at the time of purchase. It doesn't remove the game's own shop, offers or notices.

7. Changes to the game and updates

We are always working on the game. We may add, change, suspend or remove features, content, stores, levels, events, the in-game economy, purchases or ads, and we may stop offering or supporting the game or make it unavailable in some countries, at our discretion. We may release updates, and some updates may be required to keep playing. Updates are governed by these Terms unless other terms come with them. Where the law requires it, for example for changes that negatively affect what you paid for, we will give notice and provide any remedy the law requires.

8. Availability and your progress

We don't promise that the game will always be available, uninterrupted, error-free or compatible with every device or future version of iOS. Your progress is saved only on your device. It can be lost, for example if you delete the game, lose or reset your device, or a bug or update affects your save. We don't have a copy of your progress and can't restore it, and to the extent permitted by law we are not responsible for lost progress or virtual items. Device backups (iCloud or a computer) may help, under Apple's terms.

9. Rules of conduct

You agree not to, and not to help others to:

• cheat, or use bots, mods, hacks, scripts, or modified or unauthorized versions of the game;
• exploit bugs or errors, or manipulate the game's clock, saves, purchases or rewards to gain an advantage;
• copy, modify, translate, decompile, disassemble or reverse engineer the game, or try to extract its source code or assets, except where the law expressly allows it despite this limit;
• bypass or interfere with security, purchase validation, ad delivery or ad measurement, including fraudulent or automated ad views;
• sell, rent, lend, distribute or commercially exploit the game, its content or virtual items;
• use the game in a way that breaks any law or the rights of others.

10. Intellectual property

The game and this website, including the code, graphics, goods artwork, characters, sounds, music, text, names and the "Beep & Bag" name and logo, belong to us or our licensors and are protected by copyright, trademark and other laws. Except for the license in section 3, nothing gives you any right to them. You may share screenshots and short videos of your own gameplay for non-commercial purposes, as long as you don't suggest that we endorse you.

11. Feedback

If you send us ideas, suggestions or other feedback about the game, you give us a free, worldwide, perpetual and irrevocable right to use it for any purpose, without any obligation or payment to you. Please don't send ideas you want to keep confidential.

12. Third-party services

The game relies on services from third parties, such as Apple (App Store, notifications, the share sheet, and purchases if offered) and, from version 1.1, ad partners such as Google AdMob. Those services are governed by their own terms and privacy policies, and we are not responsible for them. When you use the game you must also comply with applicable third-party terms, such as your mobile network's terms.

13. Disclaimers

Health and safety. A small number of people may have seizures or blackouts triggered by flashing lights or patterns, even with no history of them. If you or your child have symptoms such as dizziness, altered vision, eye or muscle twitches, loss of awareness or convulsions while playing, stop immediately and consult a doctor. Take regular breaks, and don't play while doing anything that needs your attention, such as walking near traffic or driving.

To the maximum extent permitted by law, the game is provided "as is" and "as available", with all faults and without warranties of any kind, express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We don't warrant that the game will meet your expectations, be error-free or secure, or that defects will be corrected. Some jurisdictions don't allow certain warranties to be excluded, so some of these exclusions may not apply to you, and statutory rights that can't be excluded are not affected.

14. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, data, game progress, virtual items, goodwill or device use, arising from or related to the game or these Terms, even if we were told such damages were possible. To the maximum extent permitted by law, our total liability for all claims related to the game or these Terms is limited to the greater of (a) the total amount you paid for the game and in-game purchases in the 12 months before the event giving rise to the claim, or (b) USD 50.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, for damage to your device or other digital content caused by the game where we failed to use reasonable care and skill, or any other liability that cannot be limited or excluded by law, and nothing affects your mandatory rights as a consumer.

If you are a consumer in the European Union or the United Kingdom, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, and the limits in sections 13 and 14 apply only as far as the law of your country allows. We are not responsible for loss that was not foreseeable, or for business losses.

15. Indemnity

To the extent permitted by law, you agree to compensate us for reasonable losses, costs and legal fees arising from claims by third parties caused by your breach of these Terms or your misuse of the game. This does not apply to the extent a loss was caused by us. If you are a consumer in the European Union or the United Kingdom, this section applies only to the extent you are liable under the law of your country.

16. Termination

You can stop using the game at any time by deleting it. If you seriously or repeatedly break these Terms, your license ends automatically, or we may end it, and you must stop using the game and delete it. If the license ends, you lose access to virtual items, subject to any rights you have under mandatory law. Sections 4, 8 and 10 to 19 continue to apply after the license ends.

17. Governing law and disputes

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The competent courts in Tel Aviv-Yafo, Israel have exclusive jurisdiction over any dispute arising from or related to these Terms or the game.

If you are a consumer, this choice of law does not take away the protection of mandatory laws of the country where you live. If you live in the European Union or the United Kingdom, you may also bring proceedings in the courts of your country. If you are a consumer in Israel, you may instead bring proceedings in any other court that has jurisdiction under Israeli law. Where the law allows, before starting a claim, please email us a short description of the issue and give us 30 days to try to resolve it; most issues can be solved by email.

Where the law allows, disputes will be resolved only on an individual basis, and you and we waive any right to bring or take part in a class or representative action, and any right to a jury trial. This paragraph does not apply where such a waiver is not enforceable, including where the law of your country, such as Israel's Class Actions Law 5766-2006 or EU consumer law, gives you a right that can't be waived.

18. Apple App Store terms

The following applies because you got the game from Apple's App Store:

• Acknowledgement. These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the game and its content, and Apple is not responsible for the game or its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept them.
• Scope of license. Your license is limited to a non-transferable license to use the game 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 game may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the game, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide maintenance or support for the game.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the game, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, to the extent not effectively disclaimed.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the game or your possession or use of it, including (i) product liability claims; (ii) any claim that the game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.
• Intellectual property rights. If a third party claims that the game or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. 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. You also agree to comply with all export and import laws that apply to the game.
• Developer name and address. Questions, complaints or claims about the game should be directed to: Shahar Amir, Israel. Email: shahramir3@gmail.com. Our postal address is available on request by email.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the game, for example your wireless data service agreement.
• Third-party beneficiary. 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.

19. General

• Severability. If any part of these Terms is found invalid or unenforceable, it will be limited to the minimum extent necessary, and the rest stays in effect.
• Entire agreement. These Terms, the Privacy Policy and the Apple Standard EULA are the entire agreement between you and us about the game, and replace any earlier understandings about it.
• Assignment. We may transfer our rights and obligations under these Terms, for example if the game is sold to another developer, provided this does not reduce your rights. You may not transfer yours without our written consent.
• No waiver. If we don't enforce a part of these Terms, that does not mean we waive our right to enforce it later.
• Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control.
• Language. These Terms are available in English and Hebrew. If the versions conflict, the English version prevails, to the extent permitted by law.

20. Changes to these Terms

We may update these Terms from time to time, for example when we add features such as ads, change the game or its purchases, or when the law or Apple's rules change. We will post the new version on this page with a new effective date. If a change is material, we will also give reasonable notice in the game or on this page before it takes effect. Where the law allows, continuing to use the game after the change takes effect means you accept the updated Terms; if you don't agree, stop using the game and delete it. Changes apply going forward and don't apply to disputes that arose before the change.

21. Contact

Questions about these Terms: shahramir3@gmail.com (Shahar Amir, Israel).