Plain Jumper: Retro Edition (iOS)

Terms of Use

Effective: May 2, 2026 · Last updated: May 2, 2026

These Terms of Use (“Terms”) form a binding agreement between you (“you” or “user”) and MIEM LLC, doing business as Apexia Living (“Apexia Living,” “we,” “us,” or “our”), governing your access to and use of the iOS mobile application Plain Jumper: Retro Edition (the “App”). The App is distributed through the Apple App Store for use on Apple-branded devices.

1. Acceptance of Terms

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not download, install, or use the App.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by updating the “Last updated” date and, where appropriate, by an in-App notice). Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

2. Eligibility

The App is intended for users 13 years of age or older. By using the App, you represent that you are at least 13. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The App is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with information, please contact admin@apexialiving.com.

3. The App; License

Plain Jumper: Retro Edition is a casual single-player mobile game. The App does not require account creation, registration, or login.

Subject to your compliance with these Terms, Apexia Living grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the App on an Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, solely for your personal, non-commercial entertainment.

This license does not grant you any right or interest in the App, our trademarks, our content, or any underlying intellectual property other than the limited use rights expressly stated above.

4. Acceptable Use

You agree that you will not, and will not attempt to:

(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the App, except to the extent that applicable law expressly permits despite this limitation;

(b) modify, adapt, translate, or create derivative works of the App;

(c) circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content;

(d) use any automated means (bots, scripts, scrapers, emulators used to gain unfair gameplay advantages) to access or interact with the App, or to manipulate scores, in-game progress, or advertising impressions;

(e) use the App to transmit any unlawful, harassing, defamatory, or infringing material;

(f) remove or alter any proprietary notices on the App;

(g) use the App in violation of applicable law, the Apple Media Services Terms and Conditions, or any rights of a third party;

(h) interfere with, disrupt, or impose an unreasonable load on our infrastructure or any third-party servers used by the App.

We may suspend, restrict, or terminate your access to the App if we reasonably believe you have violated these Terms.

5. Advertising

The App is supported by advertising. We work with third-party advertising partners, including AppLovin Corp. (and its mediation network and demand partners) to deliver advertisements within the App. Our advertising partners may collect or receive information about your device (such as advertising identifiers, IP address, and limited usage information) and may use that information to provide, measure, and personalize advertising in accordance with their own privacy policies and your device-level preferences.

You can manage advertising preferences:

For full details on what we and our partners collect, see our Privacy Policy.

6. No Charges; In-App Purchases

The App is offered to you free of charge. We do not currently offer in-app purchases or subscriptions. If we add in-app purchases or subscription features in the future:

We will provide notice and update these Terms before introducing any paid features.

7. Intellectual Property

The App, including its software, graphics, sound, music, characters, level designs, and the “Plain Jumper: Retro Edition” name and logo, is owned by Apexia Living or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved by Apexia Living and its licensors.

8. Feedback

If you submit ideas, suggestions, or feedback about the App (“Feedback”), you grant Apexia Living a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without compensation or attribution.

9. Third-Party Services

The App integrates with third-party services, including AppLovin (advertising), Apple App Analytics (analytics), Google Analytics (analytics), and Apple App Store services. Your use of those services through the App is also subject to their respective terms and privacy policies. Apexia Living is not responsible for the practices of third parties.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEXIA LIVING DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, the disclaimers apply to the maximum extent permitted by applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) APEXIA LIVING AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL), ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

(b) THE TOTAL AGGREGATE LIABILITY OF APEXIA LIVING AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

The foregoing limitations apply where permitted by applicable law. Some jurisdictions do not allow limitations on certain damages; in those jurisdictions, our liability is limited to the smallest amount permitted by law.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Apexia Living and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any law or third-party right.

13. Termination

You may stop using the App and uninstall it at any time. We may suspend or terminate your access to the App at any time, with or without notice, including if we reasonably believe you have violated these Terms or applicable law, or if we discontinue the App.

Sections 4 (Acceptable Use), 7 (Intellectual Property), 8 (Feedback), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law), 15 (Dispute Resolution), 16 (General), and 17 (Apple App Store Addendum) survive termination.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 15 (Dispute Resolution), any judicial proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in California, and you and Apexia Living consent to the personal jurisdiction of those courts.

15. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

15.1 Informal Resolution

Before filing any claim, you agree to try to resolve the dispute informally by contacting us at admin@apexialiving.com with a written description of the dispute and the relief you seek. We will try to resolve the dispute informally within 30 days of receipt.

15.2 Binding Arbitration

If the dispute is not resolved within 30 days of informal notice, you and Apexia Living agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, then in effect. The arbitration will be held in California, or at another location agreed by the parties, or by telephone or video conference. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

15.3 Small Claims Carve-Out

Either party may bring an individual claim in small claims court located in the county of the user’s residence (or, for Apexia Living, in California), so long as the claim qualifies and remains in small claims court.

15.4 Class Action Waiver

You and Apexia Living agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

15.5 30-Day Opt-Out

You may opt out of the arbitration agreement and class action waiver in this Section 15 by sending written notice of your decision to opt out to admin@apexialiving.com within 30 days after first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, the rest of these Terms continue to apply.

15.6 Enforceability

If the class action waiver is found unenforceable as to a particular claim, that claim must be litigated in court under Section 14, but the rest of Section 15 remains in effect.

16. General

Entire agreement. These Terms (together with the Privacy Policy) are the entire agreement between you and Apexia Living regarding the App and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. Notices to you may be provided through the App, by email if applicable, or by posting on our website. Notices to us must be sent to admin@apexialiving.com.

Export controls. You agree to comply with all applicable export and re-export laws and regulations.

U.S. government users. The App is “commercial computer software” and is licensed to U.S. government users with only those rights granted to all other users.

17. Apple App Store Addendum

These Terms incorporate the following terms applicable to apps distributed through the Apple App Store. In the event of any conflict between these Terms and Apple’s then-current requirements for licensed applications, Apple’s requirements will govern to the limited extent of that conflict.

(a) Acknowledgement. These Terms are concluded between you and Apexia Living only, and not with Apple Inc. (“Apple”). Apexia Living, not Apple, is solely responsible for the App and its content.

(b) Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

(c) Maintenance and Support. Apexia Living is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

(d) Warranty. Apexia Living is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Apexia Living’s sole responsibility.

(e) Product Claims. Apexia Living, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks (if applicable).

(f) Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apexia Living, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

(g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Contact. Questions, complaints, or claims related to the App should be directed to MIEM LLC dba Apexia Living, admin@apexialiving.com.

(i) Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App.

(j) Third-Party Beneficiary. You and Apexia Living acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

18. Contact Us

Questions about these Terms? Contact:

MIEM LLC dba Apexia Living
Email: admin@apexialiving.com