Terms of Service

Introduction

Welcome to Games Afoot! These Terms of Service (“Terms”) govern your access to and use of our mobile applications, websites, and services (collectively, the “Services”) provided by Games Afoot, Inc. (“we,” “our,” or “us”).

1. Acceptance of Terms

By accessing or using our Services, you confirm that you:

• Have read, understood, and agree to be bound by these Terms
• Have read and agree to our Privacy Policy
• Are at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Will comply with all applicable laws and regulations

If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Registration and Security

2.1 Account Creation

To use our Services, you must create an account by providing:

• A valid phone number for authentication
• A valid email address for account recovery and notifications
• A display name and optional avatar
• Accurate and complete information

2.2 Account Security

You are responsible for:

• Maintaining the security of your phone and account access
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Not sharing your account credentials with others

2.3 Account Accuracy

You agree to:

• Provide accurate, current, and complete information
• Update your information promptly if it changes
• Not impersonate any person or entity
• Not create multiple accounts to circumvent restrictions

3. Acceptable Use

3.1 Permitted Use

You may use our Services to:

• Play our games and participate in walking activities
• Track your step count and fitness progress
• Interact with other players in multiplayer games
• Share your achievements and progress (subject to privacy settings)

3.2 Prohibited Conduct

You agree NOT to:

• Cheat or exploit: Use hacks, bots, mods, or any unauthorized third-party software to gain an unfair advantage
• Harass others: Engage in harassment, bullying, hate speech, or abusive behavior toward other users
• Share inappropriate content: Upload or share content that is offensive, illegal, or violates others’ rights
• Compromise security: Attempt to hack, reverse engineer, or interfere with our Services
• Spam or advertise: Send unsolicited messages, spam, or commercial advertisements
• Violate laws: Use our Services for any illegal purpose or in violation of any laws
• Impersonate others: Pretend to be another person, organization, or Games Afoot employee
• Sell accounts: Buy, sell, or transfer accounts or in-game items for real money (unless explicitly permitted)

4. Intellectual Property Rights

4.1 Our Ownership

Games Afoot and its licensors own all rights, title, and interest in and to the Services, including:

• Game Content: Stories, characters, locations, mysteries, clues, and narratives
• Visual Assets: Artwork, graphics, logos, icons, and user interface designs
• Software: Source code, algorithms, and technical implementations
• Trademarks: “Games Afoot,” “Agatha,” “WalkWise,” “Sherlock,” and related branding
• Game Mechanics: Rules, systems, and gameplay features

4.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

4.3 User Content

If you upload content to our Services (e.g., avatars, display names), you grant us a worldwide, royalty-free license to use, display, and distribute that content as necessary to provide the Services.

You represent and warrant that:

• You own or have the right to use any content you upload
• Your content does not violate any third-party rights
• Your content complies with these Terms and applicable laws

4.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to compensate you or keep them confidential.

5. Health and Safety

5.1 Physical Activity

Our games involve physical activity (walking). Before starting any fitness program, consult with a healthcare professional, especially if you:

• Have any medical conditions or physical limitations
• Are pregnant or nursing
• Have not exercised regularly
• Are taking medications that may affect your ability to exercise

5.2 Environmental Awareness

When playing our games, you must:

• Stay aware of your surroundings: Do not play while driving, cycling, or operating machinery
• Obey traffic laws: Cross streets safely and follow pedestrian rules
• Respect private property: Do not trespass or enter restricted areas
• Be weather-aware: Avoid playing in dangerous weather conditions
• Stay safe at night: Use well-lit areas and take appropriate safety precautions

5.3 Not Medical Advice

Our Services are for entertainment and fitness motivation only. They do not provide medical advice, diagnosis, or treatment. Step count data and fitness metrics are estimates and may not be medically accurate.

6. In-App Purchases and Payments

6.1 Purchases

Our Services may offer in-app purchases for virtual items, premium features, or subscriptions. All purchases are processed through the Apple App Store or Google Play Store.

6.2 Pricing and Payment

• Prices are displayed in your local currency and include applicable taxes
• Payment is charged to your Apple ID or Google Play account
• Subscriptions automatically renew unless canceled at least 24 hours before the renewal date
• Manage subscriptions in your App Store or Google Play account settings

6.3 Refunds

Refund policies are governed by Apple and Google. Contact Apple or Google for refund requests. We do not process refunds directly.

6.4 Virtual Items

• Virtual items have no real-world value and cannot be exchanged for cash
• We reserve the right to modify, remove, or discontinue virtual items at any time
• Virtual items are forfeited if your account is terminated

7. Service Modifications and Availability

7.1 Right to Modify

We reserve the right to, at any time and without notice:

• Modify, update, or discontinue any part of our Services
• Change game features, content, or mechanics
• Add or remove locations, mysteries, or characters
• Update these Terms (with notice for material changes)
• Adjust pricing for in-app purchases

7.2 Service Availability

We strive to provide reliable Services, but we do not guarantee:

• Uninterrupted or error-free access
• Compatibility with all devices or operating systems
• That the Services will meet your expectations
• That defects will be corrected

7.3 Maintenance and Downtime

We may perform scheduled or emergency maintenance that temporarily interrupts access to our Services. We will provide advance notice when possible.

8. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

Key points:

• We collect phone number, email, step count, and game progress data
• We use your data to provide and improve our Services
• We do not sell your personal information
• You can delete your account and data at any time

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

9. SMS Communications

9.1 Authentication SMS

We use SMS for phone number verification during account creation. These messages are required for authentication and cannot be opted out of while using our Services.

9.2 Marketing SMS (Optional)

If you opt-in to receive SMS messages about game updates, events, and promotions:

• Message frequency varies (typically 1-4 messages per month)
• Message and data rates may apply
• Reply STOP to opt-out at any time
• Reply HELP for assistance
• Carriers are not liable for delayed or undelivered messages

9.3 SMS Terms

By opting in to SMS messages, you consent to receive automated text messages from Games Afoot at the phone number you provided. Consent is not a condition of purchase.

10. Disclaimers and Limitations of Liability

10.1 “As Is” Disclaimer

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAMES AFOOT SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Injuries, accidents, or health issues arising from use of our Services
• Interruptions, errors, or defects in the Services
• Actions of other users or third parties

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Games Afoot, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or conduct

11. Termination

11.1 Termination by You

You may terminate your account at any time by using the “Delete Account” feature in the app settings. Termination is permanent and cannot be undone.

11.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You harass or harm other users
• Your account is inactive for an extended period (2+ years)
• We are required to do so by law

11.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• Your account data will be deleted (subject to legal retention requirements)
• You forfeit any virtual items, in-game progress, and unused subscriptions
• Sections of these Terms that should survive termination (e.g., disclaimers, indemnification) remain in effect

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the United States and the state in which Games Afoot is incorporated, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@gamesafoot.co and attempt to resolve the dispute informally for at least 30 days.

12.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.

12.4 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.

12.5 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Services.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Games Afoot regarding the Services.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any successor or affiliate.

13.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, government actions, internet outages).

13.6 Contact for Legal Notices

Legal notices to Games Afoot must be sent to: legal@gamesafoot.co

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices.

When we make changes:

• We will update the “Last Updated” date at the top of these Terms
• For material changes, we will notify you via email or in-app notification
• Your continued use of our Services after changes take effect constitutes acceptance of the updated Terms
• If you do not agree to the updated Terms, you must stop using our Services and delete your account

We encourage you to review these Terms periodically to stay informed about your rights and obligations.