Terms of Use

Effective Date: 21st October, 2026

These Terms of Use ("Terms") apply between you and Dyumn Tech Private Limited, an Indian private limited company with its registered office at 101, D Definity Premises Co-operative Society Limited, Survey No. 95, Hissa No. CTS No. 364, Jayprakash Road No. 01, Goregaon East, Mumbai, Maharashtra, India – 400063 (the "Company", "we", "us" or "our"). These Terms create a binding agreement regarding your use of the Company's game Secret Planner: Merge & Story, websites, customer support and related services (the "Services"), so please read them carefully. Your use of the Services is conditioned on your acceptance of these Terms.

These Terms contain a binding arbitration agreement in Section 12 and a class-action waiver that affect your rights about how to resolve disputes. Except where you opt out, and except for certain types of disputes described in Section 12, you agree that any disputes between you and the Company will be resolved by binding, individual arbitration seated in Mumbai, India, and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

All purchases and redemptions of Virtual Items are final and non-refundable, unless prohibited by applicable law (and subject to the withdrawal right described in Section 5.6 for consumers in the European Economic Area and the United Kingdom, and to the consumer rights described in Section 15.9). You acknowledge and consent that the provision of Virtual Items commences immediately upon purchase or redemption and that you forfeit any right of cancellation once the process has commenced, to the extent permitted by applicable law.

If you accept these Terms, you affirm that you are at least 18 years old. The Services are for adults only. You must be at least 18 years old to use them.

Our Services are constantly evolving. We may amend, update or upgrade the Services at our discretion, and you may be required to accept and/or install updates to keep using the Services. We reserve the right to stop offering and/or supporting the Services in whole or in part, at which point your right to use the Services (or part thereof) will automatically terminate; in such an event, and unless prohibited by applicable law, we are not required to provide refunds or other compensation, but we will make commercially reasonable efforts to provide reasonable advance notice before sunsetting a game in which in-app purchases have been enabled.

Without affecting Section 12.7 (Amendments to arbitration agreement), the Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, the Privacy Policy and other relevant Company policies at any time by posting the amended terms on the Services. We will notify you in the Services of material changes, with a new effective date, before they take effect (or sooner where the law requires), and changes do not apply to purchases you have already made. You will be deemed to have accepted such changes by continuing to use the Services after that notice. If at any point you do not agree to the then-current version of these Terms or the Privacy Policy, your right to use the Services terminates and you must stop using the Services.

We process your personal information in accordance with our Privacy Policy.

1. Key Definitions

2. Eligibility, Age and Spending Controls

2.1 You must be a natural person with legal capacity to enter into these Terms and at least 18 years of age to use the Services. If you are under 18, you must not use the Services, and we will close any Account we find belongs to someone under 18 and delete the personal information linked to it, except what the law requires us to keep.

2.2 We reserve the right to request and verify your age at any time and to close your Account if we cannot confirm that you are at least 18, or to limit purchases or spending where applicable law requires.

2.3 Territorial availability: the Services are offered in the markets where we choose to distribute them, which include the United States, India, Australia, New Zealand, the Philippines, the European Economic Area and the United Kingdom. If you access the Services from a territory where they are not offered, you do so on your own initiative and at your own risk.

2.4 Age screen: the game asks for your month and year of birth when you first open it. We count you as 18 only once the month in which you turn 18 has ended. If it shows you are under 18, you cannot play, and we may keep a marker on your device so that the age screen cannot simply be repeated with a different date.

2.5 If we close an Account because the player is under 18, we will, on request, help you pursue a refund of purchases made on that Account through Google Play or Apple, and we will not oppose a refund that the platform approves. This does not limit any right the law gives a player or a parent or guardian.

3. Accounts and Sign-In

3.1 No registration is required to play: by default you play as a guest under a device-bound player identifier. Sign-in, where you choose to use it, is provided exclusively through the platform's own services — Google Play Games Services on Android and Apple Game Center / Sign in with Apple on Apple devices — to enable cloud save and transfer of your progress between devices. We do not operate our own username/password system and never collect your platform password.

3.2 You agree that you will not give your platform credentials to anyone else or allow anyone else to use your Account. You are solely responsible for maintaining the confidentiality of your device and platform credentials and for all uses of your Account, including purchases of Virtual Items. We may assume that anyone accessing your Account through your device or platform credentials is you.

3.3 You shall not: (a) maintain more than one Account at a time; (b) sell, trade or give away your Account or transfer codes; (c) access the Services using false age information or on behalf of someone else; or (d) use your Account for commercial purposes.

3.4 We reserve the right to delete your Account if we do not observe any activity related to the Account for 180 days or more, but, for an Account that holds paid, unspent Virtual Items or boost tokens, only after 24 months of inactivity. Before we delete any Account for inactivity, we will send a notice in the game or by push notification where we are able to, wait at least 30 days after it, and give any other notice required by applicable law. After deletion you may no longer be able to access the items associated with that Account, and no refund will be issued for them, except as required by applicable law.

4. Our License to You and Ownership of the Services

4.1 Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use the Services for your personal and non-commercial use. You do not receive any other license, and all other rights are reserved. The Services and their contents are licensed, not sold.

4.2 All rights, title and interest in and to the Services — including copyrights, trademarks, trade secrets, trade names, patents, designs and other proprietary rights, and including games, titles, computer code, Virtual Items, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation and documentation — are owned by the Company or its licensors. You acknowledge that you hold no ownership interest in any Game Content, Virtual Items or your Account.

5. Purchases, Virtual Items and Refunds

5.1 You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. All purchases are made through the Google Play Store (processed via Google Play billing, including Google Pay) or the Apple App Store (processed via Apple's in-app purchase system, including Apple Pay), under the respective platform's payment terms. The platform is the payment processor for your purchase; the Company never receives or stores your payment card, bank, Google Pay or Apple Pay details. The pre-purchase confirmation states exactly what is being bought at the displayed local-currency price.

5.2 Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis, solely for entertainment and non-commercial use within the Services. Virtual Items have no equivalent value in real-world money and cannot be exchanged for real money, real goods or real services. Except where expressly authorized within the Services, the transfer of Virtual Items is prohibited, including directly or indirectly via any third-party service.

5.3 The Company may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice, acting reasonably. To the fullest extent permitted by applicable law, the Company shall have no liability to you or any third party if it exercises such rights, and is not required to provide a refund for Virtual Items. The price and availability of Virtual Items are subject to change without notice. Nothing in this Section 5.3 limits Section 5.8(h), and a change to the price or availability of Virtual Items does not affect a purchase you have already made.

5.4 No paid randomized rewards: you cannot pay real money or spend purchased Virtual Items to receive a randomized or chance-based reward (such as paid loot boxes, gacha pulls or prize wheels). Some items you earn or find through play, such as the contents of some free chests, are chosen at random. Those chests are never sold and cannot be bought, opened or sped up with real money or purchased Virtual Items. Items produced by generators on your board are also random; that is part of how the game is played. Spending energy to use a generator is part of gameplay. Energy can be earned or purchased, and generators produce random items. We do not treat this as a paid randomized reward, but where the law or the Apple App Store or Google Play rules require it, we show on the energy purchase screen that generator items are random and we disclose the odds of receiving each type of item. If any paid randomized mechanic is ever introduced, we will first disclose the odds of receiving each type of item as required by Apple App Store and Google Play policies.

5.5 No subscriptions: the Services do not currently offer any subscription or auto-renewing paid content. If any is introduced in the future, we will first provide the pre-purchase disclosures, easy-cancellation mechanisms and reminders required by applicable law (including California's Automatic Renewal Law and similar statutes).

5.6 Refunds: purchases are final and non-refundable except as required by applicable law or the policies of the relevant platform. If a store refunds or reverses your purchase of a boost token, we will remove that token from your Account if you have not used it. A token you have already used is not taken back, and the boost already started will run to its end. If a store reverses a purchase of other Virtual Items, we may remove the unused items from that purchase (but never take your balance below zero) and tell you in the game. If a token has been used and the refund still goes through, we may limit or close your Account only where we reasonably believe the refund was part of fraud or repeated abuse, in line with Section 9. Because the platform is the merchant/payment processor for your purchase, refund requests for platform purchases are governed by, and should be directed through, the Google Play or Apple App Store refund process; a "Restore Purchases" function is available in-app at all times, and our support team can assist in re-granting lost goods based on receipts.

Withdrawal right (European Economic Area and United Kingdom). If you are a consumer in the European Economic Area or the United Kingdom, you have a right to withdraw from a digital purchase within 14 days. At the moment of purchase, we will ask you to expressly agree that delivery starts immediately and to acknowledge that you lose the right of withdrawal once the content has been delivered; that agreement covers the whole offer you buy, including any rewards that unlock on later days. Nothing in these Terms limits any consumer right you have under mandatory law, including the rights described in Section 15.9.

5.7 Personalised gifts and offers. Some gifts, boosters, in-game events and offers in the Services are tailored to you. To decide what you receive and when, we use your gameplay information, such as your progress, the state of your board, your activity and your purchase history, and automated systems, which may include machine learning. As a result, different players may receive different gifts or offers at different times. This does not change the contents of any gift or offer, which are always shown before you accept or buy it, and it never involves a randomised or chance-based reward. Where a price shown to you has been personalised based on automated decision-making, we will tell you so at the point of offer. Where a law requires a specific notice for personalised prices (for example in the US State of New York), we show that notice at the point of offer in the form the law requires. In in-game events, we may choose the form of a milestone reward from your game state. Every option is of equal value, the reward is shown with a short reason before you earn it, and your purchases are never used for this choice.

5.8 Timed Boosts.

(a) What they are. A Timed Boost is a Virtual Item that changes how the game works for a set time. For example, Free Taps waives the normal energy cost of a generator tap while the boost runs; any extra Tier Boost cost still applies; some generators (for example free daily-collect generators) and event boards are not covered, and the game shows which generators are covered with a FREE label. Other kinds of boost may be added over time.

(b) What you get is shown first. The effect and the length of every boost are fixed and shown to you before the boost starts and before you buy it. Boosts are not random.

(c) How the timer works. A boost runs on our server clock and in real time. It keeps running when you close the game or switch off your device. It is never paused, and it ends at or within a few seconds of the time shown even if you did not play during it.

(d) Stacking. If you start a boost of a kind you already have running, the minutes are added to the time left on that boost. The total for one kind of boost cannot go above 30 minutes. Different kinds of boost may run side by side.

(e) Nothing is lost when your board is full. If a boost is given to you and your board is full, it is held for you (in your Planner's Kit, or until space frees up on your board) and not lost.

(f) Boost tokens. A boost you have not started is held as a boost token. Boost tokens you paid for do not expire while your Account is open. Boost tokens, whether free or paid, are not removed for inactivity under Section 6, and an Account that holds paid, unspent boost tokens is deleted for inactivity only as described in Section 3.4.

(g) Same gifts for everyone, unless stated. Unless we tell you otherwise in the game (for example, when we run a test), free boosts given as part of the game's regular rewards are the same for all players. Where a gift or offer is tailored to you, Section 5.7 applies.

(h) Our rights. Section 5.3 applies to Timed Boosts. We may change how a boost works for future boosts, but we will not shorten or remove a boost token you have already paid for without refunding it, except on Account closure or deletion under Sections 5.3 or 9, where the boost was obtained through an exploit, bug or breach of these Terms, or where the law requires it.

(i) Outages. If our service is down while a boost is running, we may restore the boost time that was lost.

(j) Automatic start. Some gifts, such as the Chapter 1 gift boost, start automatically when they are given to you; the game tells you this when the gift is shown.

5.9 Corrections. If we grant or charge something by mistake (for example an obvious error in an offer, a price or a reward), we may correct it. Where we take back items we gave by mistake, we will not take your balance below zero, and we will tell you in the game.

5.10 Multi-day offers. Some offers deliver rewards over several days. What you receive and when is shown before you buy, and the game shows the real time each day's reward unlocks in your local time. We may change or withdraw an offer before you buy it, but not the rewards you have already bought. If a purchase is refunded, we cancel only the rewards you have not yet claimed; rewards you have already claimed are not taken back.

6. Expiration of Non-Purchased Content

In the case of 7 or more continuous days of inactivity, we may, at our discretion, remove unopened or unrevealed Game Content that was not purchased and was received for free or won during gameplay ("Non-Purchased Content"). Expired or removed Non-Purchased Content will not be restored, replaced or refunded, except as required by applicable law. This Section does not apply to Game Content purchased for consideration. It also does not apply to Timed Boosts or boost tokens, whether free or purchased, which are not removed because of inactivity (and an Account that holds paid, unspent boost tokens is deleted for inactivity only as described in Section 3.4).

7. Code of Conduct

Any use of the Services in violation of this Code of Conduct is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to legal liability. You agree that you will not, under any circumstances:

We reserve the right to determine what conduct violates this Code of Conduct or is otherwise outside the intent or spirit of these Terms, and to act as a result, which may include prohibiting you from using the Services in whole or in part.

8. User Content and Unsolicited Materials

8.1 "User Content" means any material, data or information that you upload or transmit through the Services, including any optional character/display name and any content you submit to support.

8.2 The Company does not claim ownership of your User Content. You hereby grant the Company a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense) to use, copy, reproduce, adapt, modify, create derivative works from, publish, distribute, publicly display, publicly perform and otherwise exploit your User Content in connection with operating, improving, promoting and marketing the Services, subject to the Privacy Policy with respect to personal information. Except as prohibited by law, you waive any rights of attribution and any moral rights you may have in your User Content. This license survives termination of these Terms.

8.3 You represent and warrant that your User Content is not confidential or misleading, does not violate any law, contract or third-party right, and is free of malicious code. The Company reserves the right (but has no obligation) to review, monitor, edit, delete, disable access to or otherwise make unavailable any User Content without notice, for any reason or no reason, and assumes no responsibility for User Content or for monitoring the Services for inappropriate content or conduct.

8.4 The Company does not accept or consider unsolicited idea or product submissions of any kind. If you nevertheless submit such materials, they will not be treated as confidential and may be used and exploited by the Company without compensation, under the same license as User Content.

9. Suspension and Termination

9.1 Without limiting any other remedies, we may limit, suspend, terminate, modify or delete Accounts or access to the Services or portions thereof, with or without notice to you, (i) if you are, or we suspect you are, failing to comply with these Terms; or (ii) for any actual or suspected illegal or improper use of the Services. You may lose your character name, progress, benefits and Virtual Items as a result of such action, and we are under no obligation to compensate you for such losses, except as required by applicable law.

9.2 You may terminate these Terms at any time by deleting your Account, which you can do entirely in-app via the Privacy Center.

9.3 Suspensions. Where we suspend (rather than close) an Account, we will tell you why where we can, we will not keep the suspension in place for longer than needed (normally no more than 30 days, unless an investigation or the law requires longer), and you may ask us to review the decision through Settings → Help & Support or the Grievance Officer (Section 14). We may act without notice where needed to stop fraud, protect security or comply with the law.

10. Disclaimer of Warranties

10.1 To the fullest extent permissible under applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.

10.2 The game does not involve staking money with the expectation of winning monetary gain; it is offered solely for entertainment purposes and is not a game of chance, gambling, or an online money game.

10.3 Advertisements: the Services are supported in part by advertising and may display advertisements and promotions from third parties, served through advertising networks and mediation services (such as Google AdMob and other partners). We do not control and are not responsible for the content, products, services or privacy practices of advertisers or advertising networks, and your interactions, correspondence or business dealings with any advertiser are solely between you and that advertiser. The volume, placement, format and nature of advertising are subject to change at our discretion without notice.

10.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you; in such jurisdictions the disclaimers apply to the maximum extent permitted, and nothing in these Terms affects statutory rights that you have as a consumer that cannot be excluded under applicable law, including applicable US state consumer protection statutes and the consumer laws described in Section 15.9.

11. Limitation of Liability; Indemnity

11.1 To the fullest extent permissible under applicable law, the Company shall not be liable to you for any indirect, incidental, consequential, special, punitive or similar damages, including loss of revenues, lost profits, lost data or business interruption or other intangible losses, arising out of or relating in any way to these Terms or the Services, whether based on contract, tort or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. To the extent not prohibited by law, the Company's aggregate liability to you shall not exceed the total amount you have paid to the Company for the Services (including Virtual Items) in the six (6) months immediately preceding the date on which you first assert a claim. If you have a problem with the Services, tell us through Help & Support and we will first try to put it right, for example by giving you the missing item or reward. This does not limit any right or remedy you have under mandatory law.

11.2 Nothing in these Terms excludes or restricts liability that cannot be excluded or limited under applicable law, including liability resulting from the Company's gross negligence or willful misconduct, or for death or personal injury arising from the Company's negligence, or fraud.

11.3 The Company's licensors and partners are third-party beneficiaries of this Section 11 and may enforce it against you.

11.4 You agree to indemnify, defend and hold the Company (and our officers, directors, agents, affiliates and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these Terms, except to the extent the claim is not attributable to your intentional or negligent conduct. This Section 11.4 applies only to the extent permitted by applicable law and does not apply to consumers where mandatory law makes such an indemnity unenforceable.

12. Dispute Resolution — Binding Individual Arbitration in Mumbai; Class Action Waiver

This Section 12 applies to every User to the fullest extent permitted by the mandatory law of the User's country of residence. It applies to any dispute or claim of any kind relating to these Terms, the Privacy Policy or the Services, including disputes arising before you accepted this version of these Terms, and survives deletion of your Account.

12.1 Informal dispute resolution: you must first try to resolve any dispute informally by sending a written Notice of Dispute to the Grievance Officer (Section 14) describing the dispute and the relief sought, and allowing at least 45 days for resolution before starting arbitration.

12.2 Arbitration agreement: except for the exceptions in Section 12.6, you and the Company agree that any dispute will be resolved exclusively by final and binding individual arbitration, and you and the Company each waive the right to a trial before a judge or jury. The arbitrator has exclusive authority to decide whether any portion of this Section 12 is valid or enforceable or applies to a claim.

12.3 Seat, rules and process: the arbitration shall be conducted before a sole arbitrator under the (Indian) Arbitration and Conciliation Act, 1996, seated in Mumbai, India, in the English language, administered by the Mumbai Centre for International Arbitration (MCIA) under its rules as modified by these Terms. For Users resident outside India, all hearings (if any) shall be conducted remotely by video conference or decided on the documents, so that you are never required to travel to India, and you may participate from your own location. The parties agree that the arbitration agreement in this Section 12 is international in character and enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention); for Users resident in the United States, Chapter 2 of the United States Federal Arbitration Act additionally governs the recognition and enforcement of this agreement to arbitrate.

12.4 Consumer cost protection: for consumer claims, you will not be required to pay filing, administrative or arbitrator fees greater than the amount you would pay to file an individual claim in the small-claims court (or equivalent lowest-cost forum) of your place of residence; the Company will bear all fees above that amount, and if the arbitrator finds any fee allocation excessive, the Company will pay it.

12.5 No class actions; mass filings: you and the Company agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and the arbitrator may not combine another person's claims with yours or preside over any class proceeding. To increase the efficiency of resolution, if twenty-five (25) or more demands for arbitration of a substantially similar nature are filed against the Company by or with the assistance of the same law firm, group of law firms or organizations, or representation is coordinated across the cases, all such demands shall be processed in staged batches, may be assigned to a shared arbitrator with one set of fees per batch, and shall be heard on the documents rather than by oral hearing. Nothing in this provision authorizes a class or collective action; each demand remains an individual claim.

12.6 Exceptions: this arbitration agreement does not apply to (a) claims concerning the validity, enforcement or protection of intellectual property rights; (b) claims related to piracy or tortious interference; (c) claims that cannot be subject to arbitration as a matter of the mandatory law of your residence; (d) individual claims within the jurisdictional limit of the small-claims court (or equivalent) of your place of residence, which either party may bring there instead; and (e) any complaint to a regulator (for example a privacy or consumer-protection authority) and any claim before a consumer tribunal, commission or forum that the law of your place of residence lets you bring and does not allow you to waive.

12.7 Opt-out: you may opt out of this arbitration agreement and the class-action waiver by sending written notice to the Grievance Officer (email or postal address in Section 14) with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of your first acceptance of these Terms, including your name, Account identifier and a clear statement that you decline to arbitrate. Opting out will not affect your use of the Services. The Company maintains a record of every opt-out notice received and honors it.

12.8 Amendments to arbitration agreement: the Company will provide 30 days' notice of any changes to this Section 12; changes apply prospectively only. You may reject a change by written notice within 30 days as described in Section 12.7, in which case the last version you accepted remains in effect.

12.9 Fallback seat: if a court of competent jurisdiction in your country of residence finally determines that the Mumbai seat of arbitration is unenforceable against you, then — in place of court proceedings, and to preserve the parties' agreement to arbitrate individually — the arbitration shall instead be administered in your country of residence by a recognized consumer arbitration provider (for the United States, the American Arbitration Association under its Consumer Arbitration Rules) with the remainder of this Section 12, including the class-action waiver, remaining in full force.

12.10 Severability: if the class-action waiver in Section 12.5 is found unenforceable or invalid as to a particular User, the entirety of this Section 12 shall be void as to that User, and the dispute shall be resolved by the courts described in Section 13.

13. Applicable Law and Venue

13.1 Governing law — India: to the fullest extent permitted by the mandatory law of your country of residence, these Terms, the Privacy Policy and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law provisions, and — for any matter not subject to the arbitration agreement in Section 12 — the courts at Mumbai, India shall have exclusive jurisdiction, and you consent to the personal jurisdiction of such courts. This choice of Indian law does not deprive you of the protection of provisions of the law of your country of residence that cannot be derogated from by agreement.

13.2 United States residents: the agreement to arbitrate in Section 12 is governed, as to its recognition and enforcement, by the New York Convention and Chapter 2 of the Federal Arbitration Act. For any claim finally determined not to be arbitrable and not within Section 12.9, the courts at Mumbai, India shall have exclusive jurisdiction to the fullest extent permitted; solely where that jurisdiction is finally determined to be unenforceable against you, such claim may be brought in a court of competent jurisdiction at your place of residence, applying Indian law to the fullest extent permitted.

13.3 Consumers elsewhere: if you are a consumer, nothing in this Section 13 stops you from bringing a claim that the mandatory law of your place of residence allows you to bring in the courts, tribunals or consumer forums there (for example in Australia, New Zealand, India or the Philippines), and Indian law applies only to the extent that law permits.

14. Notices, Support and Contact

Support is available in-app via Settings → Help & Support. All notices to the Company under these Terms shall be in writing and addressed to:

Dyumn Tech Private Limited, Attn: Grievance Officer (Mr. Kamal Upadhyay), 101, D Definity Premises Co-operative Society Limited, Survey No. 95, Hissa No. CTS No. 364, Jayprakash Road No. 01, Goregaon East, Mumbai, Maharashtra, India – 400063; email: grievance@virbhumi.com.

We may notify you via postings in the Services, push notification, or other reasonable means.

15. General Provisions

15.1 Severability: if any portion of these Terms is found illegal, unenforceable or void by a court of competent jurisdiction, that portion shall be ineffective solely to the extent of such determination, without affecting the remaining provisions, which continue in full force.

15.2 Assignment: the Company may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without the Company's prior written consent, and any unauthorized assignment is ineffective.

15.3 Entire agreement: these Terms, any supplemental policies and the Privacy Policy contain the entire understanding between you and the Company regarding the Services and supersede all prior understandings. Any reference to "including" means "including, without limitation."

15.4 No waiver: the Company's failure to require or enforce strict performance of any provision, or to exercise any right, shall not be construed as a waiver of that or any other provision or right.

15.5 Equitable remedies: you acknowledge that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature whose loss would irreparably harm the Company, and the Company shall be entitled to injunctive or other equitable relief (without any obligation to post bond or prove damages) in the event of any breach or anticipatory breach by you.

15.6 Export/sanctions compliance: you must comply with all applicable export laws and regulations, and you represent that you are not located in a country subject to comprehensive sanctions and are not on any restricted-party list.

15.7 Force majeure: the Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor or materials.

15.8 Language: these Terms are written in English and may be translated; the English version is binding and takes precedence.

15.9 Your local consumer rights: if you are a consumer, you may have rights under the consumer laws of your country that these Terms cannot remove or limit. Examples are: in Australia, the Australian Consumer Law, under which our services come with guarantees that cannot be excluded: you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and to have the service or digital content repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure; in New Zealand, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986; in India, the Consumer Protection Act, 2019; in the Philippines, the Consumer Act (Republic Act No. 7394) and the Internet Transactions Act (Republic Act No. 11967); and in the United States, federal and state consumer protection laws. Where such a law applies to you, it prevails over any part of these Terms that conflicts with it.

15.10 Records: our server records of your Account activity, purchases and boost timers are the primary record of that activity, unless you show that a record is wrong.

16. Platform Terms

16.1 Apple devices: if you access the Services through an Apple-branded device, the following applies. These Terms are between you and the Company only; Apple, Inc. ("Apple") is not a party other than as a third-party beneficiary as set out below. The Company, not Apple, is responsible for providing the Services. The license granted to you is subject to the usage rules in the Apple Media Services Terms and Conditions. Apple has no obligation to furnish maintenance or support for the Services. In the event of any failure of the Services to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price in accordance with these Terms; to the maximum extent permitted by law, Apple has no other warranty obligation. As between the Company and Apple, the Company is responsible for addressing any claims relating to the Services, including product liability claims, claims of non-conformity with legal or regulatory requirements, and claims under consumer protection or similar legislation, and for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

16.2 Google devices: if you access the Services via Google Play, your use is also subject to the Google Play Terms of Service, and purchases are subject to Google Play's payment terms (including Google Pay).

16.3 When using the Services, you must comply with all third-party terms applicable to any platform, website, technology or service that interacts with the Services.