These Terms of Service ("Terms," "Agreement") govern your access to and use of the Fake Throw mobile application (the "App"), provided by Publisher ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not download or use the App.
These Terms are a legal contract between you and Publisher. By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy, which is incorporated into these Terms by reference. If you are using the App on behalf of an entity, you represent that you have the authority to bind that entity.
You must be at least 13 years of age (or the age of digital consent in your jurisdiction, whichever is higher) to use the App. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Subject to your continued compliance with these Terms, Publisher grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, install, and use the App solely for your personal, non-commercial use on a Device that you own or control.
This license does not allow you to:
Fake Throw is a motion-based game. It reads your Device's accelerometer and gyroscope to detect swings, tosses, and spins. Some gameplay involves physical motion of your Device, including throwing it into the air. Please read Section 4 carefully.
You use the App, and move your Device, entirely at your own risk. Certain game modes require you to swing, spin, or toss your Device into the air and catch it. This carries inherent risk of dropping, damaging, or destroying your Device, and of causing injury to yourself or others nearby, or damage to property.
The App may create or use a device-based identifier to associate your gameplay, statistics, progress, and leaderboard position with your Device. If the App offers account creation in the future, you agree to:
Publisher reserves the right to suspend or terminate any account that violates these Terms.
The App may offer optional in-app purchases, such as premium difficulty tiers, cosmetic skins, or energy, processed through Apple's App Store or Google's Play Store (the "App Stores").
All gameplay content, visuals, audio, text, scoring systems, configuration, and features within the App ("Content") are provided for your personal entertainment. Publisher may add, modify, or remove Content, features, or game modes at any time without notice, including server-tuned difficulty and balance changes.
If the App ever allows you to submit user-generated content, you grant Publisher a worldwide, royalty-free, non-exclusive, sub-licensable license to host, store, use, display, and process that content for the purpose of operating the Service. You represent that you have all necessary rights to submit any such content.
The App and all Content, including but not limited to software, graphics, logos, typography, names, characters, sounds, and the "Fake Throw" mark, are the exclusive property of Publisher and its licensors, and are protected by copyright, trademark, and other applicable laws. Nothing in these Terms grants you any right, title, or interest in the App or the Content except the limited license set out above.
You agree not to:
The App may use or integrate third-party services for analytics, crash reporting, configuration, notifications, and similar functions (for example, Firebase). These services have their own terms and privacy practices. Publisher is not responsible for the practices of these third parties. Your use of such services is subject to their respective terms and policies.
Publisher may suspend or terminate your access to the App at any time, with or without cause or notice, including if Publisher believes you have violated these Terms. You may stop using the App at any time by uninstalling it.
Upon termination, all licenses granted to you under these Terms will immediately cease. The following sections survive any termination: Intellectual Property, Limitation of Liability, Disclaimer, Governing Law, and Disputes Resolution.
To the maximum extent permitted by applicable law, in no event shall Publisher or its affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Publisher's total aggregate liability for any claims arising out of or relating to the App shall not exceed the amount, if any, you have paid to Publisher for the App in the preceding twelve (12) months, or fifty U.S. dollars (USD 50), whichever is greater.
THE APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUBLISHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PUBLISHER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS, ACCURACY, OR RELIABILITY OF THE MOTION DETECTION OR SCORING. YOU USE THE APP AT YOUR SOLE RISK.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Publisher is established, without regard to its conflict of law provisions. If you are a consumer in the European Union, you may also benefit from the mandatory consumer protection laws of your country of residence.
If you have any dispute with Publisher arising out of or relating to the App, you agree to first attempt to resolve the dispute informally by contacting us at the email provided below. If the dispute is not resolved within thirty (30) days, either party may pursue binding dispute resolution in accordance with the governing law set out above. Where permitted by law, you and Publisher waive any right to participate in a class action or class-wide arbitration.
Publisher reserves the right to revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. If the changes are material, we will provide notice through the App or by other reasonable means.
By continuing to access or use the App after the revised Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App and uninstall it.
If you have any questions, concerns, or notices regarding these Terms or the App, you may contact Publisher at: