Terms of Service

1. Agreement and scope

These Terms of Service (the “Terms”) are a legal agreement between you and Paradigm Diagnostics, Inc. (“Paradigm Diagnostics,” “we,” “our,” or “us”). They govern your use of our mobile games, applications, websites, game content, customer-support channels, and related services that link to these Terms (collectively, the “Services”).

“You” means the individual using a Service. If you use a Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” also refers to the organization. If a game, promotion, platform feature, or region-specific notice provides additional terms, those additional terms form part of this agreement. If they conflict with these Terms, the more specific terms control for that feature.

We may revise these Terms as our games, laws, or business practices change. The “Last updated” date identifies the latest revision. When a change is material, we will provide notice where required. By continuing to use a Service after revised Terms become effective, you accept the revised Terms to the extent permitted by law.

2. Eligibility and minors

You may use the Services only if you can legally enter into this agreement under the laws that apply to you and are not prohibited from receiving the Services under applicable trade, sanctions, or other laws.

If you are under the legal age of majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf and supervise your use. A parent or guardian who permits a minor to use a Service is responsible for the minor’s activity, including purchases, and for ensuring that the Service is appropriate for the minor.

Age ratings shown by an app store describe content suitability and do not change the legal age required to agree to a contract, consent to data processing, or authorize a purchase. Parents should use platform parental controls, purchase authentication, and family settings when appropriate.

3. Limited license to use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the object-code version of a game on devices you own or control, solely for personal, non-commercial entertainment and in accordance with the applicable app-store rules.

The Services are licensed, not sold. You receive no ownership interest in a game, its code, characters, artwork, audio, mechanics, branding, virtual items, or other content. All rights not expressly granted are reserved by us and our licensors.

Accounts and save data

The current versions of Traffic Moto Racer and Flappy Chick Quets do not require a Paradigm Diagnostics player account. Progress may be stored locally and can be lost if a game is deleted, app data is cleared, the device fails, or the operating system does not restore a backup. We are not responsible for local save-data loss except where law does not permit that limitation.

If a future Service offers accounts, you must provide accurate information, safeguard credentials, and promptly notify us of suspected unauthorized access. You may not sell, rent, share, or transfer an account unless we expressly allow it.

4. Acceptable use and player conduct

You agree to use the Services lawfully, fairly, and as intended. Unless applicable law expressly permits the activity despite this restriction, you may not:

• Copy, reproduce, distribute, publicly display, sell, rent, lease, sublicense, or commercially exploit any part of a Service;
• Reverse engineer, decompile, disassemble, decode, modify, translate, derive source code from, or create derivative works of a Service;
• Use cheats, bots, automation, scripts, emulators used to gain an unfair advantage, exploits, unauthorized mods, or tools that alter gameplay or interfere with normal operation;
• Bypass, disable, defeat, or tamper with security, integrity checks, purchase validation, advertising controls, access restrictions, or technical limitations;
• Access or attempt to access another person’s device, account, purchases, or information without permission;
• Introduce malware, malicious code, excessive traffic, denial-of-service activity, or any content designed to disrupt the Services or another user;
• Scrape, crawl, harvest, index, or use automated means to extract game assets or data except as allowed by a public search engine’s standard indexing practices;
• Use a Service for unlawful, fraudulent, deceptive, harassing, threatening, hateful, obscene, infringing, or abusive activity;
• Impersonate another person or entity, misrepresent an affiliation, or submit false support or refund claims;
• Remove, obscure, or alter copyright, trademark, attribution, or other proprietary notices; or
• Encourage, assist, or attempt any prohibited activity.

We may investigate suspected misconduct and cooperate with app stores, security researchers, rights holders, and authorities when appropriate. We may also take reasonable steps to preserve game integrity, including invalidating manipulated scores, withholding improperly obtained content, or restricting access.

5. In-app purchases, prices, and refunds

Some Services may offer paid downloads, ad removal, virtual items, characters, features, subscriptions, or other digital content (“Purchases”). Purchase availability and pricing may vary by platform, country, currency, taxes, and time. Displayed prices may include or exclude taxes as determined by the app store and local law.

Payment processing

Purchases are processed by the app store or payment platform—not directly by us—and are also governed by that provider’s payment terms. You authorize the platform to charge the payment method associated with your store account. We do not receive or store your full payment-card number.

Authorization

You are responsible for Purchases made through your device or store account, including Purchases made by a minor or another person you allowed to use the device, except where unauthorized-payment laws provide otherwise. Enable password, biometric, or other purchase authentication if you share a device.

Refunds and restoration

Except where applicable law requires otherwise, Purchases are final and non-refundable once delivered. Refund requests generally must be submitted through the store that processed the transaction. We do not control app-store refund decisions. If technical issues prevent eligible non-consumable content from being delivered or restored, contact us with the game name, platform, and non-sensitive transaction information.

Subscriptions

If a future Service offers a subscription, the purchase screen will state its price, billing period, included benefits, whether it automatically renews, and how to cancel. Unless stated otherwise or prohibited by law, an auto-renewing subscription continues until canceled through the applicable app-store settings before the renewal date. Deleting a game does not cancel a subscription.

6. Virtual items and game features

“Virtual Items” include in-game currency, characters, skins, upgrades, boosts, lives, collectibles, levels, and other digital game content, whether earned through play, granted promotionally, or obtained through a Purchase.

• Virtual Items are licensed, not sold, and do not represent money, stored value, property, or an ownership interest.
• Virtual Items have no real-world monetary value and may not be exchanged for cash, goods, or services outside the Service unless we expressly provide an authorized feature.
• You may not sell, trade, transfer, rent, or purchase Virtual Items through an unauthorized marketplace or third party.
• We may manage, modify, rebalance, substitute, limit, or discontinue Virtual Items or game features for legitimate design, security, legal, or operational reasons.
• Virtual Items may be lost when local save data is removed, a device is changed without a supported transfer method, a Service ends, or access is terminated for a violation.

Where mandatory law grants additional rights in paid digital content, those rights remain unaffected. We will not materially reduce purchased content in a way prohibited by applicable consumer law.

7. App stores, advertising, and third-party services

App-store terms

Your use of a game must comply with the rules of the platform from which you downloaded it. The app store is not responsible for support or maintenance except as required by its own terms or law. If these Terms conflict with mandatory app-store usage rules, the app-store rules control to the extent of that conflict.

Advertising

Some Services may display advertisements or sponsored content provided by third parties. We do not guarantee the availability, accuracy, quality, legality, or suitability of an advertiser’s product or claim. Your interaction or transaction with an advertiser is between you and that advertiser. Report inappropriate advertising to us with enough detail for investigation.

Links and integrations

A Service may link to or interoperate with third-party websites, stores, operating systems, social features, or services. We do not control those services and are not responsible for their content, availability, security, or practices. Use them at your own discretion and review their terms and privacy policies.

Future Apple-distributed versions

If you obtain a Service through Apple’s App Store, you acknowledge that these Terms are between you and Paradigm Diagnostics, not Apple; Apple is not responsible for the Service or its support; Apple and its subsidiaries are third-party beneficiaries of these Terms as related to your licensed use; and Apple may enforce the applicable license terms against you. Nothing here limits rights provided by Apple’s then-current mandatory terms.

8. Intellectual property, feedback, and reports

The Services and all associated software, text, graphics, characters, names, logos, icons, animation, audio, audiovisual material, level design, interfaces, and other content are owned by or licensed to Paradigm Diagnostics and are protected by copyright, trademark, trade-secret, and other laws.

Paradigm Diagnostics, the Paradigm Diagnostics logo, our game titles, and related branding may be trademarks of Paradigm Diagnostics, Inc. Other names and marks belong to their respective owners. No license to use any mark is granted except as necessary to truthfully identify an unmodified Service.

Feedback

If you voluntarily submit suggestions, ideas, concepts, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, and otherwise exploit that feedback for any lawful purpose without compensation or obligation to you. This does not transfer ownership of personal information contained in a support request, which remains governed by our Privacy Policy.

Copyright concerns

If you believe content in a Service infringes your rights, contact us with identification of the work, the allegedly infringing material and its location, your contact details, a good-faith statement, a statement of accuracy and authority, and your physical or electronic signature. Knowingly false claims may create legal liability.

9. Updates, changes, and availability

Games evolve. We may release patches, balance changes, new content, bug fixes, compatibility updates, or security updates. Some updates may be required to continue using a Service. Your platform settings may download updates automatically.

We may add, change, suspend, or discontinue any Service or feature for legitimate business, technical, security, legal, or design reasons. Availability may vary by device, operating system, store, language, country, age, or network. We do not promise that every feature, game, or version will remain available indefinitely or that an older device will remain compatible.

We aim to keep the Services functional, but interruptions can occur because of maintenance, updates, internet or platform failures, security events, force majeure, or circumstances outside our control. We are not liable for interruption or data loss to the extent permitted by law.

10. Suspension and termination

You may stop using a Service at any time and may uninstall a game. Uninstalling does not automatically cancel a subscription or refund a Purchase; use the applicable store controls.

We may suspend, restrict, or terminate your access, remove invalid game progress or Virtual Items, or take other proportionate action if we reasonably believe that you violated these Terms, created legal or security risk, engaged in fraud or abuse, or harmed players, partners, or the Services. When practicable and legally required, we will provide notice and an opportunity to appeal.

On termination, your license ends and you must stop using the affected Service. Provisions that by their nature should survive—including ownership, payment obligations, disclaimers, limitations of liability, dispute terms, and general legal provisions—will survive.

11. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, and freedom from harmful components.

We do not warrant that a Service will be uninterrupted, error-free, completely secure, compatible with every device, or that defects or lost progress will always be corrected. Game difficulty, challenge, randomness, and changing balance are part of the entertainment experience and do not guarantee a particular result.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted, and you retain all non-waivable statutory consumer rights.

12. Limitation of liability and indemnity

Limitation of liability

To the maximum extent permitted by law, Paradigm Diagnostics and its officers, directors, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, opportunity, goodwill, data, game progress, or digital content; or the cost of substitute services, arising from or related to the Services or these Terms, even if advised that such damage was possible.

To the maximum extent permitted by law, our total aggregate liability for all claims arising from or related to a Service or these Terms will not exceed the greater of (a) the amount you paid us through the applicable platform for the affected Service during the 12 months before the event giving rise to the claim or (b) US $50.

These limitations do not exclude or limit liability that cannot lawfully be excluded, including liability for fraud, fraudulent misrepresentation, intentional misconduct, or death or personal injury caused by negligence where applicable law so provides.

Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Paradigm Diagnostics and the parties listed above from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful use of a Service, your material breach of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from our own unlawful conduct, and it does not require a consumer to indemnify us where prohibited by law.

13. Governing law and dispute resolution

Informal resolution first

Before filing a formal claim, please contact us and describe the issue, the game, the platform, the requested resolution, and relevant transaction information. We will try in good faith to resolve the dispute informally within 30 days. This step does not prevent either party from seeking urgent injunctive relief or using a small-claims process where available.

Governing law

Except where the law of your residence requires otherwise, these Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Forum

Except where applicable consumer law allows you to bring a claim elsewhere, state and federal courts located in Maricopa County, Arizona will have exclusive jurisdiction over disputes arising from these Terms or the Services, and you consent to their personal jurisdiction.

If you are a consumer in the European Economic Area, United Kingdom, Switzerland, or another jurisdiction with mandatory consumer protections, you keep the benefit of those protections and may be entitled to bring proceedings in the courts of your home country.

14. General legal terms

Entire agreement

These Terms, the Privacy Policy, and any applicable feature-specific or store terms form the entire agreement concerning the Services and replace prior discussions or agreements on the same subject.

Severability and no waiver

If a provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed. The remaining provisions remain effective. Failure to enforce a provision is not a waiver of our right to do so later.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, subject to applicable notice requirements.

Force majeure

We are not responsible for delay or failure caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, utility or telecommunications failure, cyberattack, epidemic, government action, or failure of an app store or infrastructure provider.

Export and sanctions compliance

You may not use, export, re-export, or transfer a Service in violation of trade-control or sanctions laws. You represent that you are not located in, ordinarily resident in, or controlled by a comprehensively sanctioned territory and are not a prohibited party, except where applicable law prevents this representation.

Language and interpretation

Headings are for convenience and do not limit meaning. “Including” means “including without limitation.” If a translated version conflicts with the English version, the English version controls to the extent permitted by law.

15. Contact us

Questions about these Terms or a game can be sent to: