Oustwit

Terms of Service

Effective date: [SET ON LAUNCH DAY] · Last updated: [SET ON LAUNCH DAY]

These Terms of Service ("Terms") govern your use of the Oustwit mobile game and the oustwit.com website (together, the "Service"), operated by ("we," "us," or "our"). By creating an account, downloading the app, or using the Service, you agree to these Terms.

Draft notice. This is a working draft and has not been reviewed by legal counsel. Please have a lawyer in your jurisdiction review it before publication, especially the limitation-of-liability, governing-law, and IAP-refund sections.

1. Eligibility

You must be at least 13 years old to use the Service (16 in the European Economic Area, or such higher age as required by your local law). By using the Service you represent that you meet this age requirement. If you are a minor, you must have your parent or legal guardian's permission.

2. Your account

You can play offline games against the computer without an account, using the free credits awarded when you install the app. To play online, or to get more credits once your starter credits are used up, you must create an account by giving us your email address, or by signing in with Google or Apple. You are responsible for keeping your sign-in method secure. Tell us right away if you suspect someone else is using your account.

You may not create accounts using false information, impersonate another person, share an account, or hold more than one active account at a time. We may suspend or close accounts that violate these rules.

3. Fair play and code of conduct

Online play depends on a respectful environment. While using the Service you will not:

We may remove content, suspend, or terminate accounts that violate this section. You can block a player to stop being matched with them, or report a player for review, using the in-app buttons — or email .

4. Play credits and in-app purchases

Credits. Credits are an in-game item used to enter games, whether against the computer or online. Each game costs one credit, which is returned to your balance if you win. Credits have no monetary value, cannot be redeemed for cash, cannot be transferred between accounts, and cannot be exchanged for other goods or services. You receive 10 credits when you install the app, which can be used to play offline against the computer, and 10 more credits when you first sign in.

Purchases. You can buy additional credits through Google Play Billing (on Android) or Apple StoreKit (on iOS), as consumable in-app purchases. Three packs are available at launch: 10, 40, and 100 credits. Prices are shown in your local currency at the point of sale. We do not see or store your payment information; the purchase is handled entirely by Google or Apple, and we receive only a confirmation receipt that we use to credit your account.

Authorization. By purchasing a pack you authorize the relevant store to charge your payment method. The store, not us, is the merchant of record.

Refunds. Refunds are governed by the policy of the store where you bought the pack: Google Play's refund policy for Android purchases, and Apple's refund policy for iOS purchases. Both stores allow you to request a refund directly through them. Where the law of your jurisdiction grants a stronger refund right (for example, the EU's 14-day right of withdrawal for digital content, or Australian Consumer Law guarantees), those rights apply in addition. If credits from a refunded purchase have been spent, we may deduct the equivalent credits from your balance.

Loss of credits. Credits may be lost if your account is terminated for a violation of these Terms (see Section 9). Otherwise, unspent credits remain on your account as long as the account is active.

5. Replays, profiles, and other player content

When you play an online match, the moves are recorded so you and your opponent can watch the replay later. By playing, you agree that we may store and replay these match records.

When you set your nickname, you grant us a worldwide, non-exclusive, royalty-free license to host and display it within the Service. You retain ownership of your nickname. You represent that you have the right to use anything you submit.

6. Our intellectual property

The Service, including the Oustwit name, logo, code, artwork, sound, and design, is owned by and protected by copyright, trademark, and other laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial enjoyment, subject to these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Service except as expressly allowed by law.

7. Service availability

We work to keep the Service running, but we do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any part of the Service at any time. If a server is temporarily unreachable, the client will fail over to a backup automatically. If we ever discontinue the Service entirely, we will give you reasonable advance notice and a chance to request a refund of any unspent credits purchased in the previous [REFUND WINDOW — e.g., 90 days], to the extent legally required.

8. Privacy

Our handling of personal information is described in our Privacy Policy, which is part of these Terms. By using the Service, you agree to that policy.

9. Suspension and termination

You may stop using the Service or delete your account at any time, in the app under Settings → Delete account, or at oustwit.com/delete-account.

We may suspend or terminate your access if (a) you materially violate these Terms, (b) we reasonably believe you have engaged in fraud or abusive behavior, (c) we are required to do so by law, or (d) we permanently shut down the Service. We will give you notice unless doing so would be unlawful or compromise an investigation.

If your account is terminated for a violation, any unspent credits may be forfeited; this is not a refund event.

10. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Some jurisdictions do not allow these disclaimers; in those jurisdictions, the disclaimers apply to the maximum extent permitted.

11. Limitation of liability

To the maximum extent permitted by law, neither nor its officers, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service. Our total liability for any claim arising from these Terms or the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, and (b) USD 50.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law (for example, liability for death or personal injury caused by negligence, or for fraud).

12. Indemnification

You agree to indemnify and hold harmless and its personnel from any claim or demand, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.

13. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will tell you by email or via an in-app notice at least 14 days before it takes effect. Your continued use of the Service after that date means you accept the updated Terms. If you do not accept them, you must stop using the Service and may delete your account.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Service will be resolved exclusively in the state and federal courts located in Tampa, Florida (Hillsborough County), except where applicable consumer-protection law requires otherwise.

[OPTIONAL ARBITRATION CLAUSE — discuss with counsel whether to add a binding-arbitration / class-action waiver clause for US users; this varies by jurisdiction and is enforceable in some places but not others.]

15. Miscellaneous

If any provision of these Terms is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or in connection with a sale of the business. These Terms, plus the Privacy Policy and any in-app notices we provide, are the complete agreement between you and us regarding the Service.

16. Contact