Terms of Service (including End User License Agreement)

Last Updated: [EFFECTIVE DATE]

This document combines Listo's separate Terms of Service and EULA into one agreement, so there is no conflict between two texts. It can also be pasted into App Store Connect as Boop Boop's custom EULA.

1. Acceptance of Terms

These Terms of Service and End User License Agreement ("Terms") are a legal agreement between you ("you" or "your") and Innovative Brands LLC ("we," "us," or "our") for the Boop Boop mobile application ("the App" or "the Service").

By downloading, installing, or using Boop Boop, you agree to these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree, do not download, install, or use the App.

2. Description of Service

Boop Boop is a virtual pet game. You adopt a dog or cat, raise it through life stages, feed it, train it, play with it, and dress it up. The Service includes:

• Pet care, training, tricks, and growth over time, much of which works offline
• Optional accounts and cloud backup
• Friends features, including playdates between friends' pets and with computer-controlled pets
• Optional in-app purchases of virtual items such as food, boosts, and cosmetics

We may modify, add, or remove features at any time.

3. Eligibility and Age Requirements

Minimum Age: you must be at least 13 years old to use Boop Boop. If we learn that a user is under 13, we will delete their data and close any account.

Users Under 18: if you are 13 to 17, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. In-app purchases are available only to users 18 and older.

Accurate Age: you agree to enter your true age. Entering a false age, including to unlock purchases, violates these Terms and may result in termination.

4. Accounts

Optional Accounts: you can play without an account. Your pet and items are then stored only on your device. If you delete the App, reset your device, or lose it, that data cannot be recovered, and we cannot restore it.

Account Information: if you create an account, you agree to provide accurate information and to keep your sign-in secure. You are responsible for activity under your account.

One Account Per Person: you may not create multiple accounts to abuse features, or maintain an account on behalf of another person without their consent.

5. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, for your personal, non-commercial entertainment.

This license does not allow you to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the App or its content.

6. Virtual Items and In-App Purchases

What You Get: the App may offer virtual items, including food, treats, boosts, toys, and cosmetics such as collars, bandanas, coats, sunglasses, hats, and boots ("Virtual Items"). When you buy or earn a Virtual Item, you receive a limited license to use it within the App. You do not own it.

No Real-World Value: Virtual Items have no cash value. They cannot be exchanged for money, sold, or transferred between accounts or to other people, and they are not redeemable outside the App.

Consumables: food, treats, and boosts are used up when consumed and are not restored.

Age Limit: purchases are available only to users 18 and older. Apple and Google parental controls may also limit purchases.

Payments and Refunds: all purchases are processed by Apple or Google under their terms. We do not receive your payment details. Refund requests are handled by Apple (reportaproblem.apple.com) or Google (Play Store order history). If a purchase is refunded or reversed, we may remove the related Virtual Item.

Changes: we may change, rebalance, or retire Virtual Items and game features. If we permanently stop offering the Service, we will give reasonable notice where practical, but we are not required to refund unused Virtual Items except where the law requires it.

Restoring Purchases: non-consumable cosmetics bought while signed in can be restored through your account or the store's restore option. Items bought without an account may be lost if your device data is lost.

Randomized Items: if we offer items with random contents, we will show the odds before purchase.

7. Friends Features and Conduct

Friends features work only between users who have both accepted a friend request. You agree to follow our Community Guidelines in everything you name, show, or do in the App, including your display name and your pet's name. You can remove or block a friend at any time, and you can report another user from their profile.

8. Child Safety

Boop Boop and Innovative Brands LLC have a zero-tolerance policy for Child Sexual Abuse and Exploitation (CSAE) in any form. Using the App to groom, solicit, contact, or exploit minors, or to create or share Child Sexual Abuse Material (CSAM), is strictly prohibited. It will result in immediate, permanent termination and a report to law enforcement.

Reporting: use the in-App report option on any user's profile, or contact [SUPPORT EMAIL].

CSAM Removal and Reporting: when we obtain actual knowledge of CSAM on the Service, we will promptly remove it and report it to the National Center for Missing and Exploited Children (NCMEC) via the CyberTipline at report.cybertip.org, or to the relevant regional authority, as required by law.

Child Safety Point of Contact: Google Play and other platform partners may contact our designated child safety contact at [SUPPORT EMAIL].

9. Your Content

The only content you create in the App is limited, such as your display name, your pet's name, and how you dress and train your pet ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to store, display, and use Your Content solely to operate the Service, for example to show your pet to your friends. This license ends when you delete Your Content or your account. We may rename or remove content that violates these Terms or our Community Guidelines.

10. Prohibited Uses

You may not:

• Use the App for any illegal purpose
• Impersonate any person or entity
• Cheat, exploit bugs, manipulate the device clock to gain advantages, or use mods, hacks, or third-party tools that alter gameplay. Report bugs you find to [SUPPORT EMAIL].
• Buy, sell, or trade accounts or Virtual Items outside the App
• Attempt to gain unauthorized access to our systems, accounts, or data, or interfere with the Service
• Access or extract data from the Service by automated means (bots, scrapers, crawlers) without our written permission
• Use any content or data from the Service to train, fine-tune, or evaluate any artificial intelligence or machine learning system without our written permission
• Reverse engineer, decompile, or circumvent rate limits, access controls, or other protections, except where the law expressly allows it
• Harass, bully, or threaten other users, or try to contact or locate them outside the App

11. Intellectual Property

The App, including its software, pet designs, characters, art, animations, sounds, music, and text, is owned by Innovative Brands LLC or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the App without our written permission, except for personal, non-commercial sharing of screenshots and short recordings of your own gameplay.

If you believe something in the App infringes your copyright, contact [SUPPORT EMAIL] with a description of the claimed infringement. We respond to valid DMCA notices.

12. Game Changes and Service Availability

Boop Boop simulates a pet that changes over time. We may adjust how pets grow, age, and respond, and how attributes, training, and items work. We do not guarantee uninterrupted or error-free service, and some features require an internet connection. We may modify, suspend, or discontinue any part of the Service.

13. Third-Party Services

The App uses third-party services, such as Apple and Google sign-in and payments. Your use of those services is subject to their own terms and privacy policies.

14. App Store Terms

Your use of the App is also subject to the terms of the store you obtained it from. As between you and us, these Terms govern. If you downloaded the App from the Apple App Store, you and we agree that:

• These Terms are between you and Innovative Brands LLC only, not Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
• We, not Apple, are responsible for addressing any claims relating to the App, including product liability, legal or regulatory compliance, and consumer protection claims.
• We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT GAME DATA WILL NEVER BE LOST. BOOP BOOP IS A GAME. PET BEHAVIOR AND CARE IN THE APP ARE NOT ADVICE ABOUT REAL ANIMALS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOVATIVE BRANDS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, GAME PROGRESS, OR VIRTUAL ITEMS.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID FOR VIRTUAL ITEMS IN THE TWELVE MONTHS BEFORE THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless Innovative Brands LLC and its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your use of the App, your violation of these Terms, or Your Content.

18. Termination

By You: you may stop using the App at any time, and delete your account in Settings or at [DOMAIN]/delete-account.

By Us: we may suspend or terminate your access for violations of these Terms or our Community Guidelines, for conduct harmful to other users or the Service, or for any other legitimate business reason, with or without notice.

Effect: on termination, your license to use the App and any Virtual Items ends. Your data will be handled as described in our Privacy Policy.

19. Dispute Resolution

Governing Law: these Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Informal Resolution: before starting a formal dispute, contact [SUPPORT EMAIL] and give us 30 days to try to resolve it.

Arbitration: any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association in New York, New York. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions: either party may bring a qualifying claim in small claims court, or seek emergency injunctive relief from a court to prevent irreparable harm.

Class Action Waiver: YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Nothing in these Terms limits rights you have under the mandatory consumer laws of your country of residence. [LAWYER: confirm arbitration enforceability for users under 18.]

20. General Provisions

Entire Agreement: these Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and Innovative Brands LLC regarding Boop Boop.

Updates: we may update these Terms. We will notify you of material changes in the App or by email. Continued use after changes take effect means you accept them.

Severability: if any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect.

No Waiver: our failure to enforce a provision is not a waiver of it.

Assignment: you may not assign these Terms without our written consent. We may assign them without restriction.

Contact: Innovative Brands LLC, [ADDRESS]. Email: [SUPPORT EMAIL]

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