Terms of Use

1. Acceptance of These Terms

By creating an account or otherwise using the App, you confirm that you can form a binding contract in your jurisdiction and that you accept these Terms and our Privacy Policy. If you are using the App on behalf of someone else, you represent that you are authorized to accept these Terms for them.

2. Scope of License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, for your personal, non-commercial entertainment. Except as permitted by those Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App, and if you sell your Apple device to a third party, you must remove the App from that device first. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, decompile, modify, rent, sell, or create derivative works of the App or any updates or part thereof, except to the extent such restrictions are prohibited by applicable law or permitted by the licensing terms governing any open-source components included in the App.

3. Your Account

Some features require an account, which you can create using a supported sign-in provider such as Apple or Google. You are responsible for maintaining the security of your account and for all activity that occurs under it. Please keep your sign-in credentials confidential and notify us promptly of any unauthorized use.

4. In-App Purchases and Virtual Currency

The App offers optional in-app purchases, including virtual currency such as Shorbs and diamonds, as well as other virtual items and content. The following terms apply:

• Virtual currency and virtual items are licensed to you for use within the App only. They have no monetary value, cannot be exchanged for real money, and cannot be transferred outside the App.
• All sales of virtual currency and virtual goods are final and non-refundable, except where a refund is required by law or by the policies of the Apple App Store or Google Play.
• Purchases are processed by the Apple App Store or Google Play under their terms; please direct billing questions to the relevant store.
• We may, at our discretion, manage, regulate, modify, or remove virtual items or currency at any time, and we are not liable for doing so.

5. Acceptable Use

To keep the community fair and enjoyable, you agree not to:

• Cheat, exploit bugs, use bots, or otherwise gain an unfair advantage in gameplay, leaderboards, or multiplayer matches.
• Harass, abuse, or harm other players, or post unlawful, offensive, or infringing content.
• Attempt to access accounts, systems, or data that are not yours, or interfere with the App’s operation or security.
• Use the App for any unlawful purpose or in violation of these Terms or applicable law.

6. Intellectual Property

The App, including its games, characters (such as our collectible octopus characters), artwork, text, logos, and software, is owned by Shoorbaloo and its licensors and is protected by intellectual-property laws. The Shoorbaloo name and logo are our trademarks. Except for the limited license granted above, these Terms do not give you any rights in our intellectual property.

7. Consent to Use of Data

You agree that we may collect and use technical data and related information — including technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate software updates, product support, and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. For full details on how we handle your information, please see our Privacy Policy.

8. External Services

The App may enable access to our and/or third-party services and websites (collectively, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and are not liable for them. Data displayed by the App or any External Service is for general informational purposes only and is not guaranteed by us or our agents. You agree not to use the External Services in any manner that infringes the intellectual-property rights of any party, or to harass, abuse, stalk, threaten, or defame any person or entity, and we are not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate for use in any particular location. To the extent you choose to use them, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

9. Disclaimers and No Warranty

You expressly acknowledge and agree that use of the App is at your sole risk. To the maximum extent permitted by applicable law, the App and any services performed or provided by the App are provided "as is" and "as available", with all faults and without warranty of any kind. We disclaim all warranties and conditions with respect to the App and any services, whether express, implied, or statutory, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. No oral or written information or advice given by us or our authorized representative shall create a warranty. We do not warrant that the App will be uninterrupted or error-free, or that any cognitive or other benefits will result from its use. Should the App prove defective, you assume the entire cost of all necessary servicing, repair, or correction. The App is intended for entertainment and is not medical or therapeutic advice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

10. Limitation of Liability

To the extent not prohibited by law, in no event shall we be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including damages for loss of profits, loss of data, business interruption, loss of progress or virtual items, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App, however caused and regardless of the theory of liability, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or for incidental or consequential damages, so this limitation may not apply to you. Where liability cannot be excluded, our total liability is limited to the amount you paid us, if any, in the twelve months before the event giving rise to the claim.

11. Termination

These Terms are effective until terminated by you or us. Your rights under these Terms will terminate automatically if you fail to comply with any of their terms. You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms or use the App in a way that harms other players or the service. Upon termination, your license to use the App ends, and you may lose access to your account and any virtual items, except where the law provides otherwise.

12. Export Compliance

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree not to use the App for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

13. Governing Law

Except to the extent required by applicable law, these Terms and your use of the App are governed by the laws of the State of California, excluding its conflict-of-law rules, and you and we agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California, to resolve any dispute or claim arising from these Terms. If you are a citizen of any European Union country or of Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. The United Nations Convention on the International Sale of Goods does not apply to these Terms.

14. Additional Terms for the Apple App Store

The following additional terms apply when you obtain the App from the Apple App Store:

• These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, claims under consumer-protection or similar legislation, and intellectual-property claims.
• In the event of a third-party claim that the App or your possession and use of it infringes that party’s intellectual-property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

15. Entire Agreement and Store Rules

These Terms, together with our Privacy Policy, form the entire agreement between you and us regarding the App. Your use of the App is also subject to the terms of the store from which you downloaded it (Apple App Store or Google Play). If there is a conflict, the applicable store’s required terms will prevail to the extent necessary.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in the App. Your continued use of the App after changes take effect means you accept the updated Terms.

17. Contact Us

If you have any questions, complaints, or claims regarding these Terms or the App, please contact us at [email protected].