Terms & Conditions

1. Agreement

These Terms & Conditions (the Terms) form an agreement between you and Scott Cameron, trading as SwiftPath ("we", "us") governing your use of the Puzzle Vault application and this website (the Service). By downloading, installing or using the Service you accept these Terms. If you do not accept them, do not use the Service.

You must be at least 13 years old (or the minimum age of digital consent where you live) to use the Service. If you are under 18, you confirm your parent or guardian agrees to these Terms.

2. Licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use one copy of Puzzle Vault on devices you own or control, for your own non-commercial use, in accordance with the usage rules of the store you obtained it from.

You may not:

• copy, sell, rent, sublicense, lease or otherwise distribute the Service;
• reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits this despite this limitation;
• remove or obscure any copyright, trade mark or other proprietary notice;
• use it to develop a competing product, or extract its levels, artwork or data for use elsewhere;
• interfere with the Service, attempt to gain unauthorised access to it, or use automated means to manipulate progress or scores.

3. Your account

An account is optional and is used to sync progress between devices. You are responsible for keeping your password confidential and for activity under your account. Tell us promptly at support@tryswiftpath.com if you believe it has been compromised.

You can delete your account at any time from Settings → Account → Delete account in the app. Deletion is permanent and removes your synced progress.

4. Price, payment and refunds

Puzzle Vault is a paid application. The prices and purchase options available to you, including any subscription and any free trial, are shown on the App Store or Google Play listing at the time you buy.

All payments are taken by Apple or Google, not by us, under their terms. Refund requests must be made to the store you bought it from — we cannot issue refunds for a purchase we did not process.

Subscriptions and free trials

Where you take out a subscription, the following applies:

• It renews automatically. Your store account is charged for the next period within 24 hours of the end of the current one, unless you cancel first.
• You cancel through the store, not through us — in your Apple ID or Google Play account settings. Cancelling stops the next renewal; it does not refund the period you are already in.
• A free trial converts into a paid subscription unless you cancel at least 24 hours before it ends. If you buy a subscription during a free trial, any unused part of that trial is forfeited.
• Any change we make to the price of a subscription takes effect only from a renewal after you have been notified, and you may cancel before it applies.

5. Intellectual property

The Service, including its code, level designs, artwork, sound and the Puzzle Vault name and logo, is owned by us or our licensors and is protected by intellectual property law. Nothing in these Terms transfers ownership to you.

Some artwork reproduced inside the Pigment game depicts works in the public domain. Those underlying works are not claimed by us; our arrangement, presentation and accompanying material are.

The fonts Fredoka and Quicksand are used under the SIL Open Font Licence.

6. Availability and changes

We may update, change or discontinue any part of the Service, including individual games or levels. We may also stop supporting older operating system versions. We will not deliberately disable an app you have already bought, but we cannot guarantee it will run indefinitely on future devices or operating systems.

Account sync depends on third-party infrastructure and an internet connection, and may be unavailable from time to time.

7. Termination

You may stop using the Service at any time by deleting the app. We may suspend or terminate your access if you materially breach these Terms, in particular section 2. Sections 5, 8, 9, 10 and 11 survive termination.

8. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or free of harmful components, or that progress information will never be lost.

Nothing in these Terms excludes or limits any right you have as a consumer under the mandatory law of your country.

9. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, profits, revenue or goodwill, arising from your use of or inability to use the Service.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of the amount you paid for Puzzle Vault in the twelve months before the claim, or CAD $50.

We do not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.

10. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these Terms or your unlawful use of the Service.

11. Governing law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The courts of the Province of Quebec, judicial district of Montreal, have jurisdiction over any dispute.

If you are a consumer, nothing here deprives you of the protection of the mandatory rules of the place where you live, including your right to bring proceedings there where local law gives you that right. If you are a consumer in Quebec, the Consumer Protection Act applies, and any provision of these Terms that conflicts with it does not apply to you to the extent of that conflict.

12. Apple App Store — additional terms

The following applies where you obtained Puzzle Vault from the Apple App Store, and takes precedence over any conflicting term above in that context:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the Service or its content.
• The licence in section 2 is limited to use on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the Service.
• If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Service.
• We, not Apple, are responsible for addressing any claim relating to the Service, including product liability claims, any claim that it fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the Service infringes that party's intellectual property rights.
• You represent 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.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

13. Google Play — additional terms

Where you obtained Puzzle Vault from Google Play, these Terms are between you and us only, not with Google. Google is not responsible for the Service. Your use is additionally subject to the Google Play Terms of Service, and refunds are handled under Google Play's refund policy.

14. Changes to these Terms

We may update these Terms. If a change is material we will notify you in the app or by email before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

If you are a consumer in Quebec, we will instead give you at least 30 days' notice, in a separate written notice setting out only the new or amended clause and the version that preceded it, and the date the change comes into force. You may refuse the change and rescind the contract without cost, penalty or cancellation indemnity by telling us within 30 days of the change taking effect.

15. General

If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a merger or sale of our business. These Terms, together with the Privacy Policy, are the entire agreement between us regarding the Service.

16. Contact

Scott Cameron, trading as SwiftPath — support@tryswiftpath.com