Terms of Service

Last Updated: December 1, 2024

1. Agreement to Terms

Welcome to OR? Game ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Apps on Demand, LLC ("Company," "we," "us," or "our") regarding your use of the OR? Game mobile application, website, and related services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are accessing the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Eligibility and Age Requirements

You must meet the following requirements to use the Service:

  • Age Requirement: You must be at least 13 years old to create an account and use the Service. Users under 13 may use the Service only with verifiable parental consent and under the supervision of a parent or guardian.
  • Parental Supervision: If you are a parent or guardian permitting a child under 13 to use the Service, you are responsible for their use and agree to these Terms on their behalf.
  • Legal Capacity: You must have the legal capacity to enter into binding agreements in your jurisdiction.
  • Prohibited Users: You may not use the Service if you are prohibited from doing so under applicable laws or if you have been previously banned from the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or inactivity.

4. Description of Service

OR? Game is a multiplayer party game application that allows users to:

  • Play interactive "this or that" style games with friends
  • Create and join game rooms for multiplayer sessions
  • Access multiple themed editions (Kids, Teens, Dating, Couples, Guys Night, Girls Night, Friends, LGBTQ+)
  • Purchase subscriptions or one-time content unlocks
  • Create custom questions (for users 17 and older)
  • Use social features such as chat and voice snippets
  • Access game history, achievements, and statistics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

5. Subscriptions and In-App Purchases

5.1 Subscription Plans

The Service offers various subscription plans and one-time purchase options:

  • OR? Starter: $2.99/month - Choose 3 Collections
  • OR? Flex: $4.99/month - Choose 5 Collections
  • OR? Premium Pass: $59.99/year - Includes 12 Collections
  • OR? Single: $6.99 one-time - Unlock 1 Collection forever

Note: Multiplayer functionality is FREE for all players, regardless of subscription status.

5.2 Payment Terms

  • All payments are processed through third-party payment processors (Apple App Store, Google Play Store).
  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
  • You authorize us to charge your payment method for subscription renewals.
  • Prices are subject to change with notice. Existing subscriptions will continue at the original price until renewal.
  • All prices are in USD unless otherwise stated.

5.3 Cancellation and Refunds

You may cancel your subscription at any time through your device's app store settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to subscription features until the end of the paid period.

Refund requests are handled according to the policies of the app store from which you made the purchase:

  • Apple App Store: Refunds are subject to Apple's refund policy. Contact Apple Support for refund requests.
  • Google Play Store: Refunds are subject to Google's refund policy. Contact Google Play Support for refund requests.

We do not provide direct refunds. All refund requests must be processed through the respective app store. Refunds are typically available within 48 hours of purchase, subject to app store policies.

5.4 Free Trial

If we offer a free trial, it will be clearly stated. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends. You will be charged at the end of the free trial period.

6. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

6.1 Prohibited Content

  • Creating, sharing, or uploading content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Posting content that violates any third party's intellectual property rights, privacy rights, or publicity rights
  • Sharing personal information of others without their consent
  • Creating custom questions (if applicable) that contain inappropriate, offensive, or illegal content
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity

6.2 Prohibited Activities

  • Attempting to hack, reverse engineer, decompile, or disassemble the Service
  • Using automated systems (bots, scripts) to access or interact with the Service
  • Interfering with or disrupting the Service, servers, or networks connected to the Service
  • Attempting to gain unauthorized access to any portion of the Service or other accounts
  • Collecting or harvesting information about other users without their consent
  • Using the Service for any commercial purpose without our express written consent
  • Violating any applicable local, state, national, or international law or regulation
  • Encouraging or enabling others to violate these Terms

6.3 Consequences of Violations

Violation of these Terms may result in immediate suspension or termination of your account, without refund, and may subject you to legal action. We reserve the right to investigate violations and cooperate with law enforcement authorities.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, graphics, text, images, audio, video, and other materials, is owned by Apps on Demand, LLC and its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

  • Reproduce, distribute, or create derivative works of the Service
  • Use the Service for commercial purposes
  • Remove any copyright, trademark, or other proprietary notices
  • Reverse engineer or attempt to extract source code

7.2 User-Generated Content

You retain ownership of any content you create, upload, or share through the Service (such as custom questions, messages, or voice snippets). However, by submitting content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Service.

You represent and warrant that you own or have the necessary rights to grant this license and that your content does not violate any third-party rights or applicable laws.

7.3 Trademarks

"OR? Game," "OR?," and related logos and marks are trademarks of Apps on Demand, LLC. You may not use our trademarks without our prior written consent.

8. Content Moderation and Age-Appropriate Content

We are committed to providing a safe and age-appropriate experience:

  • Age Gating: Content automatically adapts to the youngest player in a game room to ensure age-appropriate content.
  • Family Mode: Family Mode with PIN protection allows parents to control access to content.
  • Content Moderation: We reserve the right to review, edit, or remove any user-generated content that violates these Terms or is otherwise inappropriate.
  • Custom Questions: Custom question creation is restricted to users 17 and older and is subject to content guidelines.
  • Reporting: Users can report inappropriate content or behavior through in-app reporting features or by contacting support.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

9.3 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Apps on Demand, LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit, post, or transmit through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting the app or contacting us at support@appsondemand.net. Cancellation of a subscription does not entitle you to a refund for the current billing period.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

11.3 Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. We may delete your account and associated data, subject to our Privacy Policy and applicable law. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the United States.

12.2 Dispute Resolution Process

If you have a dispute with us, you agree to first contact us at support@appsondemand.net to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. We may also notify you via email or in-app notification for significant changes. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

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

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Contact Information

For questions about these Terms, please contact us:

Apps on Demand, LLC

Email: support@appsondemand.net

Website: www.appsondemand.net

By using OR? Game, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.