Terms of Use
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 Android mobile application Plain Jumper: Retro Edition (the “App”). The App is distributed through the Google Play Store.
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 Android device that you own or control, 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 Google Play Terms of Service, 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:
- Opt out of personalized ads on Android: Go to Settings → Google → Ads on your device, and enable “Opt out of Ads Personalization” (or “Delete advertising ID,” depending on your Android version).
- AppLovin opt-out / data subject requests: See the AppLovin Privacy Policy at https://www.applovin.com/privacy/ for opt-out information and to exercise data rights.
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:
- Billing will be processed by Google Play Billing, subject to the Google Play Terms of Service.
- Any subscription will auto-renew unless cancelled at least 24 hours before the end of the current period through your Google Play account, in accordance with Google Play’s policies.
- Refunds will be handled in accordance with Google Play’s refund policy.
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), Google Analytics (analytics), and Google Play 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), and 16 (General) 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. Google Play Addendum
These Terms incorporate the following terms applicable to apps distributed through Google Play:
- You acknowledge that the App is licensed, not sold, to you.
- Your use of the App is also subject to the Google Play Terms of Service and any applicable Google policies.
- Google is not a party to these Terms and has no obligations with respect to the App.
- Any in-app billing, where applicable in the future, will be processed through Google Play Billing, and refunds are subject to the Google Play refund policy.
- You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
18. Contact Us
Questions about these Terms? Contact:
MIEM LLC dba Apexia Living
Email: admin@apexialiving.com