Terms of Use

§01Acceptance of these terms

in plain englishUsing the App means you accept these Terms. You must be at least 13.

By installing or using the App, you confirm that you accept and will comply with these Terms and our Privacy Policy. If you are using the App on behalf of another person, you confirm you are authorized to accept these Terms on their behalf.

You must be at least 13 years old to use the App. Apple Vision Pro is intended for users aged 13 and over. If the age of digital consent in your country is higher (for example, up to 16 in parts of the European Economic Area), you must meet that age, or have a parent or guardian's consent, to use the App. The App is not directed to children under 13, and we do not knowingly collect personal information from them.

§02License to use the App

in plain englishYou get a personal license to play. You don't own the App, and there are things you can't do with it (see §06).

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App for your own personal, non-commercial entertainment on an Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Usage Rules set out therein.

The App is licensed, not sold, to you. We and our licensors reserve all rights not expressly granted to you in these Terms.

§03Apple App Store terms

in plain englishThe App is delivered through Apple's App Store. This section contains the terms Apple requires us to include. Apple is not a party to these Terms but may enforce them.

These Terms are concluded between you and the Developer only, not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and its content. To the extent these Terms conflict with the Apple Media Services Terms and Conditions, the Apple terms govern, but only with respect to your use through the App Store.

You acknowledge and agree that:

• (a) Scope of license. The license granted to you in §02 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
• (b) Maintenance and support. The Developer is solely responsible for providing any maintenance and support services for the App, as required by these Terms or applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
• (c) Warranty. The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
• (d) Product claims. The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• (e) Intellectual property. 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, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• (f) Legal compliance. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
• (g) Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, 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.
• (h) Developer contact. Questions, complaints, or claims with respect to the App should be directed to the Developer using the contact details in §19.

§04Game Center, leaderboards, and cloud save

in plain englishThe App does not require an account with us. If you use Apple's Game Center, your scores and a saved game may sync, and your Game Center name can appear on leaderboards.

The App does not require you to create an account with the Developer. The App optionally integrates with Apple Game Center. If you enable Game Center:

• Your in-game score may be submitted to a Game Center leaderboard, and your Game Center display name may be visible to other players on that leaderboard.
• Your game progress may be saved to and restored from Apple's cloud save service associated with your Apple Account.

Your use of Game Center is governed by Apple's terms and privacy policy. You are responsible for choosing a Game Center display name that is appropriate and does not violate the rights of others or §06 below. We and Apple may remove or refuse to display content (such as leaderboard entries) that we reasonably believe is unlawful, fraudulent, or abusive.

§05In-app purchases and virtual items

in plain englishThe App is a paid download and also offers one optional cosmetic purchase. The current price for both the App and the in-app purchase is shown on the App Store and can vary by region; purchases are handled and billed by Apple. Virtual items are a license, have no cash value, and are generally non-refundable except where Apple or the law requires.

The App is a paid download and also offers one optional non-consumable in-app purchase (a cosmetic "golden spell" appearance), which also serves to support development. Prices for the App and any in-app purchase are shown on the App Store before you buy and may vary by region and currency.

• Billing. All purchases are processed and billed by Apple through your Apple Account, in accordance with the Apple Media Services Terms and Conditions. We do not collect or process your payment card details.
• Virtual items. Any virtual items, cosmetics, or unlocks are licensed to you for personal use within the App. They are not your property, have no monetary value, cannot be exchanged for cash or anything of value outside the App, and cannot be sold, transferred, or sublicensed.
• Refunds. Purchases are generally final and non-refundable, except (i) as required by Apple's refund policies (refund requests for App Store purchases are handled by Apple), or (ii) as required by mandatory consumer protection law in your jurisdiction, including any statutory right of withdrawal.
• Changes. We may add, modify, suspend, or discontinue any in-app purchase or virtual item at any time, without liability, except as required by applicable law.

§06Acceptable use

in plain englishDon't cheat, hack, reverse-engineer, or misuse the App.

You agree that you will not, and will not attempt to, nor permit any third party to:

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the limited extent this restriction is prohibited by applicable law;
• copy, modify, adapt, translate, or create derivative works of the App, except as expressly permitted;
• rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the App;
• cheat, exploit bugs, use unauthorized automation or third-party software, or otherwise manipulate gameplay, scores, leaderboards, or progression;
• interfere with, disrupt, or attempt to gain unauthorized access to the App, its updates, configuration data, or any related systems or networks;
• remove, obscure, or alter any proprietary notices in the App;
• use the App for any unlawful purpose or in violation of these Terms, applicable law, or the rights of others; or
• circumvent any geographic, age, or technical restriction in the App.

We may suspend or terminate your access to the App or its features if you violate this section, without limiting any other remedy available to us.

§07Updates, configuration, and availability

in plain englishWe may update the App, change game balance remotely, or change/discontinue features. We don't promise the App will always be available or error-free.

We may, at our discretion and without liability, release updates, patches, or new versions of the App, and modify, tune, or change gameplay parameters and balance through remote configuration. We may also modify, suspend, or discontinue the App or any of its features, in whole or in part, at any time. Some features may require the latest version of the App or a compatible version of visionOS.

The App is provided on an "as available" basis. We do not warrant that the App will be uninterrupted, timely, secure, or error-free.

§08Health, safety, and spatial play

in plain englishThis is a spatial game you play by moving and using your hands in a real room. Play safely, stay aware of your surroundings, and take breaks.

The App is an immersive Apple Vision Pro experience that uses hand gestures, head movement, and awareness of your surroundings (world sensing) to place game elements in your physical space. You are responsible for playing safely. You agree to:

• play in a safe, open area, clear of people, pets, furniture, stairs, glass, and other hazards, and remain aware of your physical surroundings at all times;
• avoid sudden, forceful, or wide arm movements that could cause you to hit objects, walls, or other people, or to lose your balance;
• take regular breaks, and stop using the App if you experience discomfort, dizziness, nausea, eye strain, headache, fatigue, or any other adverse symptom;
• not use the App while operating a vehicle or machinery, or in any situation requiring your full attention; and
• follow all safety guidance and warnings provided by Apple for Apple Vision Pro.

photosensitivityA very small percentage of people may experience seizures or blackouts triggered by flashes or patterns of light, even with no prior history. If you experience any such symptom, stop using the App immediately and consult a doctor. Parents and guardians should supervise children's use.

You use the App at your own risk. To the maximum extent permitted by law, we are not responsible for any injury, loss, or damage to you, other persons, or property resulting from your failure to play safely or to follow this section or Apple's guidance.

§09Privacy and data

in plain englishWe collect anonymous gameplay and usage analytics; voice, hand, and room-sensing data are processed on your device and are not sent to us. Full details are in our Privacy Policy.

Our collection and use of data is described in our Privacy Policy, which is incorporated into these Terms by reference. In summary, and without replacing the Privacy Policy:

• We collect anonymous gameplay and usage analytics and crash diagnostics through Google Analytics 4, Mixpanel, and Firebase Crashlytics, associated with a randomly generated identifier rather than your name or Apple Account. We do not use this data to track you across other companies' apps or websites, and we do not collect advertising identifiers.
• Voice commands, hand tracking, and world/room sensing are processed on your device to operate gameplay and are not transmitted to us or stored on our servers.
• Game Center scores and saved games are handled by Apple under Apple's terms and privacy policy (see §04).

By using the App you acknowledge the data practices described in the Privacy Policy.

§10Intellectual property

in plain englishThe App and everything in it is ours (or our licensors'). You only get the license in §02.

The App and all of its content - including software, code, artwork, models, animations, audio, music, text, characters, gameplay, designs, and the names, logos, and trademarks associated with the App (including "I'm Wizard") - are owned by the Developer or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted in §02, these Terms do not grant you any right, title, or interest in the App or its content.

Feedback. If you send us suggestions, ideas, or feedback about the App, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

§11Third-party services and links

in plain englishThe App relies on and links to third-party services (like Apple and our analytics providers). We're not responsible for them.

The App relies on and may link to third-party services, including Apple (App Store, Game Center, StoreKit), Google (Analytics, Firebase), Mixpanel, and external links such as our Discord server, YouTube channel, and website. Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, their content, or their availability. Links from the App do not imply our endorsement.

§12Termination

in plain englishThis license lasts until it ends. It ends automatically if you breach these Terms, and you can end it by deleting the App.

These Terms apply until terminated. The license in §02 terminates automatically, without notice, if you breach any of these Terms. You may terminate at any time by ceasing all use of the App and deleting it from your devices. Upon termination, you must stop using the App. Sections that by their nature should survive termination - including §05 (as to completed purchases), §06, §10, §13, §14, §15, §17, and §19 - survive.

§13Disclaimers

in plain englishThe App is provided "as is." This does not take away rights you have as a consumer that cannot be waived.

To the maximum extent permitted by applicable law, the App 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. We do not warrant that the App will meet your requirements, be uninterrupted or error-free, or that defects will be corrected.

Nothing in these Terms excludes or limits any rights you have as a consumer under the mandatory laws of your country that cannot be lawfully excluded or limited. If you are a consumer in the EU, the UK, or another jurisdiction with mandatory consumer warranties, you may have legal rights that these disclaimers do not affect.

§14Limitation of liability

in plain englishOur liability is limited. Some liabilities can't be limited by law, and we don't try to.

To the maximum extent permitted by applicable law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the App.
• Our total aggregate liability arising out of or relating to the App and these Terms will not exceed the greater of (i) the total amount you paid to us (through Apple) for the App and its in-app purchases in the twelve (12) months before the event giving rise to the liability, or (ii) USD 50.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law. Because some jurisdictions do not allow certain exclusions or limitations, some of the above may not apply to you, and you may have additional rights.

§15Indemnification

in plain englishIf your misuse of the App causes a third-party claim against us, you cover us - to the extent the law allows.

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Developer from and against any third-party claims, liabilities, damages, losses, and reasonable expenses (including reasonable legal fees) arising out of or related to your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party. This section does not apply to the extent a claim arises from our own breach, negligence, or willful misconduct, and does not limit your mandatory consumer rights.

§16Changes to these terms

in plain englishWe may update these Terms. We'll post the new version with a new date, and significant changes will be communicated. Continuing to use the App means you accept the changes.

We may modify these Terms from time to time. When we do, we will update the "Last updated" date above and post the revised Terms in the App and/or on our website. If the changes are material, we will provide reasonable advance notice through the App, the App Store, or our website before they take effect. Your continued use of the App after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

§17Governing law and disputes

in plain englishGeorgian law governs these Terms. If you are a consumer, you keep the protections and courts of your home country where the law requires.

These Terms and any dispute arising out of or in connection with them or the App are governed by the laws of Georgia, without regard to its conflict-of-law rules.

The competent courts of Georgia will have jurisdiction over any dispute, except that:

• if you are a consumer, you benefit from any mandatory provisions of the law of the country in which you reside, nothing in these Terms affects your rights as a consumer to rely on those mandatory provisions, and you may bring proceedings in, and be subject to, the courts of your country of residence where the applicable law so requires; and
• nothing in this section limits any statutory right you may have to bring proceedings in your local courts.

Informal resolution. Before bringing a formal claim, you agree to first contact us at the address in §19 and attempt in good faith to resolve the dispute informally.

§18Miscellaneous

in plain englishStandard legal housekeeping.

• Entire agreement. These Terms, together with the Privacy Policy and any Apple terms that apply, are the entire agreement between you and us regarding the App, and supersede any prior agreements on that subject.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
• Language. These Terms are drafted in English. If we provide a translation, the English version controls in case of any conflict, except where mandatory local law requires otherwise.
• Headings. Headings and the plain-English summaries are for convenience only and do not affect interpretation.

§19Contact

in plain englishHow to reach us.

If you have questions about these Terms or the App, contact us at: