Your licence to install and use the Thwackery app is Apple's Licensed Application End User Licence Agreement. We do not supply a custom EULA, so Apple's standard one applies, and it is the document that governs your right to use the software itself:
Apple Standard End User Licence Agreement (EULA) →
This page governs everything else: the commercial terms of the early-access subscription, what early access is and is not, and how you and we may end the arrangement. Where this page and Apple's EULA cover the same ground and conflict, Apple's EULA wins on the licence to the software and this page wins on the subscription.
This page is not written in character. It is a real document about a real app.
1 Who these terms are with
Thwackery is made and published by ExistemAI ("we", "us"). These terms are between you and us. Apple is not a party to them, although Apple is the seller of the app and of anything bought inside it, and Apple's own terms apply to that sale.
By downloading or using the app you accept these terms. If you do not accept them, do not use the app.
2 Your licence to the app
The app is licensed to you, not sold. That licence is Apple's Licensed Application End User Licence Agreement, which applies in full because we have not supplied a custom one. In summary, and without replacing anything in that document: it grants you a personal, non-transferable licence to use the app on Apple devices you own or control, and it sets out the usual restrictions on copying, reverse engineering and redistribution.
Read Apple's EULA if you want the authoritative text of your licence. It governs; our summary does not.
3 The early-access subscription
The app is free to download. Inside it you may buy one optional product: Early
Access, an auto-renewing subscription (product identifier
com.existemai.thwackery.earlyaccess.monthly).
| Term | Detail |
|---|---|
| Price | USD 4.99 per month. In other countries the price is the equivalent Apple pricing tier in your local currency; the app always shows the price Apple gives for your storefront before you confirm. |
| Length of period | One month |
| Renewal | Automatic. The subscription renews at the end of each monthly period unless it is cancelled. |
| How to stop it | Cancel at least 24 hours before the end of the current period. If you cancel later than that, the next period is charged and the cancellation takes effect at the end of it. |
| When you are charged | At confirmation of purchase, and then within 24 hours of the end of each period. |
| Where to manage or cancel | Your Apple ID account settings: apps.apple.com/account/subscriptions, or on your device via Settings → your name → Subscriptions. |
| Who takes the payment | Apple. Payment is charged to your Apple Account. We never receive your payment details. |
We cannot cancel a subscription for you and we cannot see your billing details. Cancellation is done through Apple, in the settings linked above. Deleting the app does not cancel a subscription.
If a renewal payment fails, or you cancel, access to early-access features stops at the end of the period you have paid for. Your saved games are unaffected — they are stored on your device and the base game remains free to play.
4 What early access is, and is not
Early access buys you unfinished work. That is the whole proposition, and we would rather be blunt about it than have you find out in month two.
- Features behind early access may be incomplete, unbalanced or buggy.
- They may change substantially, be reworked, or be withdrawn.
- Progress, records and balance in early-access modes may be reset when something changes underneath them.
- Features listed as not yet available are exactly that. We list them so you know what you are paying towards, not as a promise of a delivery date.
- Early access is not a pre-order and it is not a guarantee that any particular feature will ever ship.
The app shows which early-access features are available today and which are still being built, and that list is the accurate one at any given moment.
5 Refunds
All purchases are made through Apple, so all refunds are handled by Apple under its own policies. Request one at reportaproblem.apple.com. We cannot issue refunds ourselves, because we never take the payment. Nothing here affects any statutory right to cancel or to a refund that you have under the consumer law of your country.
6 Price and plan changes
We may change the subscription price or what it includes. If the price goes up, Apple will notify you and, depending on your region, will either ask you to agree to the new price or give you the chance to cancel before it takes effect; if you do not agree, the subscription will not renew at the higher price. Changes never apply to a period you have already paid for.
7 Acceptable use
The app is single-player and offline, so there is not much scope for trouble, but for completeness: do not reverse engineer, decompile or modify the app except to the extent that applicable law expressly permits it; do not redistribute it or any part of it; do not use it in any unlawful way; and do not try to obtain early-access features without paying for them. Apple's EULA sets out the binding version of most of these restrictions.
8 Intellectual property
Thwackery, its name, its artwork, its writing, its code and its world are ours or our licensors', and nothing in these terms transfers any of it to you beyond the licence described in section 2. You are welcome to make and share screenshots, recordings and videos of your own play, including monetised ones, and you do not need to ask.
9 Availability and changes to the game
The app is a game in development. We may update it, change it, or stop developing it. We may add, alter or remove features, including features that are currently free. If we ever discontinue the app entirely, we will stop new subscriptions before we do, so that nobody is charged for something we are about to withdraw; existing periods already paid for will run their course.
The app does not need a network connection to play, so its availability is not dependent on any server of ours. There is no server of ours.
10 Disclaimers and liability
The app is provided as it is, without warranties beyond those that cannot be excluded by law. We do not promise that it will be uninterrupted, error free, or fit for any particular purpose of yours.
To the fullest extent permitted by law, we are not liable for indirect or consequential loss, or for loss of saved-game progress. Because saves are stored only on your device, keeping a device backup is the only way progress can be recovered, and doing so is your responsibility; we hold no copy and cannot restore one.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are a consumer, you keep all your statutory rights, and nothing here reduces them.
11 Ending the agreement
You can end these terms at any time by cancelling any subscription through Apple and deleting the app. We may end them if you materially breach them, principally by breaking section 7. Sections 8, 10 and 12 survive the end of the agreement.
12 Governing law
These terms are governed by the law of [GOVERNING JURISDICTION — to be supplied before submission], and its courts have non-exclusive jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory consumer law of the country you live in, or of the right to bring proceedings there.
13 Contact
Questions about these terms, about early access, or about anything the app does:
[SUPPORT CONTACT EMAIL — to be supplied before submission]
ExistemAI, publisher of Thwackery. For billing, refunds and cancellation, contact Apple rather than us — they hold the transaction and we do not. How we handle data is set out in the privacy policy; the short version is that there is none to handle.