Terms and conditions

These terms and conditions ("Terms", "Agreement", "Terms of Use) are an agreement between Nijo Software ("Nijo Software", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Never Have I Ever, Truth Or Dare, Most Likely To, Hangover, Would You Rather mobile applications or some of our others and any of their products or services (collectively, "Mobile Application" or "Services").

Age requirement

You must be at least 13 years of age to use our Mobile Applications, but in some cases older. Please look at the Mobile Applications specific age guidelines, from within the Apple App Store or Google Play. By using our Mobile Applications and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. Else you will need an agreement from a parrent or similar

Adult content

Please be aware that there may be certain adult or mature content available in our Mobile Applications. Where there is mature or adult content, individuals who are less than 16 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 16 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Mobile Application may not be available to children under 16 under any circumstances.

Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Purchases

Our Mobile Applications do offer purchased content. This content is provided by Google Inc. and Apple Inc through their Services. We do not guarantee that these services may work at any time. You pay directly through Google Inc. and Apple Inc. services. We have nothing to do with the actual payment or handling anything from this proces. We reserve the right to change the purchased product at any time. Also the price can be changed at any time. We reserve the right to refuse or cancel any orders. If you you like a refund, please make an inquiry at nijosoftware@gmail.com. We reserve the right to reject this inquiry at any time.

Links to other mobile applications

Although our Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from our Mobile Applications. Your linking to any other off-site mobile applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using our Mobile Applications or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Nijo Software or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nijo Software. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Nijo Software or Nijo Software licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Applications or Services may be the trademarks of other third-parties. Your use of our Mobile Applications and Services grants you no right or license to reproduce or otherwise use any Nijo Software or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Nijo Software, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Nijo Software has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Nijo Software and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Nijo Software for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Nijo Software and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to our Mobile Applications or Services at any time. When we do, we will revise the updated date at the bottom of this page. Continued use of our Mobile Applications after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using our Mobile Applications or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Mobile Applications and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to nijosoftware@gmail.com

This document was last updated on November 19, 2019