Terms of Use
Talking Blocks: Tiny Opinions ("Talking Blocks" or the "App")
Effective date: TODO(release)
The short version. Apple's Standard EULA licenses the App to you. These terms add the game-specific rules. Coins and boosters are just for fun and have no cash value. Your progress lives on your device (and, if you use iCloud, a copy in your own iCloud). No Ads is an optional one-time purchase. Premium is an optional auto-renewing subscription that you can cancel any time in your device's Settings. If you live in the US, disputes go to individual arbitration, not class actions, unless you opt out within 30 days (Section 15).
1. Agreement
The App is licensed to you, not sold, under Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms of Use are supplemental terms between you and Dam Tran ("we", "us"). Together with the Standard EULA and our Privacy Policy, they govern your use of the App. If these terms conflict with the Standard EULA, the Standard EULA controls to the extent of the conflict, except that Sections 14 and 15 of these terms decide governing law and how disputes between you and us are resolved. By downloading or using the App you agree to these terms. If you don't agree, please don't use the App.
2. Who can play
Talking Blocks is a general-audience game for players 13 and older (or older, where the law of your country sets a higher minimum age for using apps like this one). It is rated 13+ on the App Store. If you are under the age of majority where you live, a parent or guardian should review these terms with you and agree to them for you. Parents and guardians are responsible for purchases made on devices they manage. Apple's Ask to Buy and Screen Time settings can also require approval for purchases.
3. The game, coins and boosters
- Coins are earned by playing and can be spent on boosters (Shuffle, Hammer, Rotate). Coins and boosters can't be bought directly with real money (Premium members receive a small daily coin gift, Section 5).
- Coins, boosters, stars, streaks and other virtual items are a limited, personal, non-transferable license to use in the App. They have no monetary value, can't be exchanged for cash or anything of value, and can't be sold, traded or transferred.
- You don't own virtual items. We may change, limit or remove them, and how they are earned, priced in coins or used, for example to fix a bug or balance the game.
- If the App stops being offered, or your license ends (Section 12), your coins, boosters and other virtual items end with it, without refund or compensation, except where the law requires otherwise.
- Progress is stored on your device. If you're signed in to iCloud, each device also keeps a copy of its save in your own iCloud, which you can load on your other devices in Settings › iCloud saves (loading replaces that device's progress). There are no accounts, so we can't recover progress ourselves: without an iCloud copy, progress, coins and boosters are lost if you delete the App, reset your device or change devices.
4. Ads and rewarded videos
The free version is supported by third-party ads served by Google and the ad partners named in the Privacy Policy. Advertisers are responsible for their ads. We don't endorse the products or sites advertised, and your dealings with advertisers are between you and them. Some features let you choose to watch a rewarded video, for example for a continue or extra coins. The reward is normally granted after the video completes. If no video can load, some rewards may be given anyway, a limited number of times a day. Ads aren't always available, so a rewarded option may sometimes be missing. If you see an inappropriate ad, please report it with Report an Ad in Settings or by email (Section 17).
6. Acceptable use
Please don't:
- copy, modify, decompile, reverse engineer or create derivative works of the App, except as the law expressly allows;
- cheat, exploit bugs, tamper with save data or game files, or use tools to manipulate gameplay, ads or purchases;
- interfere with ads or ad measurement in a fraudulent way, for example by automated or repeated clicks;
- use the App for any unlawful purpose.
7. Our content
The App, including Bloo, Sunny, Sprout, Grump and Plum, their names, looks, voices and lines, and the art, music, sound effects, levels, code and text, is owned by Dam Tran or its licensors and protected by intellectual property laws. Apart from the license to play, these terms give you no rights in it. If you send us ideas or feedback, we may use them without any obligation to you.
8. Third-party services
The App relies on services from Apple (the App Store and its payments, iCloud, Game Center) and Google (ads, privacy consent messages, crash reports and game statistics), and on the ad partners named in the Privacy Policy. Their terms and privacy policies apply to your use of those services. We aren't responsible for third-party services.
9. Changes, updates and availability
We may update the App and change, add or remove features, levels or content. We may also stop offering the App. Updates may be required to keep playing. If we stop offering Premium, we will stop renewals and you will keep Premium until the end of your paid period. No Ads stays yours for as long as the App is offered. Coins, boosters and other virtual items end when the App stops being offered (Section 3). Any further remedies are those provided by Apple and applicable law.
10. Disclaimer
To the extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. We don't promise that the App will be uninterrupted or error-free, or that ads or rewards will always be available. Some jurisdictions don't allow these exclusions. Nothing in these terms limits rights you have under consumer protection laws that can't be waived.
11. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data (including game progress), profits or goodwill. Our total liability for any claim relating to the App is limited to the amount you paid for No Ads or Premium in the 12 months before the claim. If you haven't paid anything, your only remedy is to stop using the App. If you live in the EU, EEA or UK, the three sentences above don't apply: we are liable for loss that was a foreseeable result of our breach, and your consumer rights stay in place. Nothing in these terms excludes or limits liability that can't be excluded by law, such as for fraud, gross negligence, or death or personal injury caused by negligence.
12. Ending these terms
You can stop using the App at any time by deleting it. Canceling a subscription is done separately through Apple (Section 5). If you seriously or repeatedly break these terms, we may end your license to use the App. Sections 3, 7 and 10–16 continue to apply after these terms end.
13. Apple-specific terms
- These terms are between you and Dam Tran, 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) of the App. 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 or use of it. This includes product liability claims, claims that the App fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim.
- You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
14. Governing law
If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring claims in the courts there. If you live in the United States, Section 15 decides how disputes are resolved.
15. Disputes in the United States: arbitration and no class actions
This section applies only if you live in the United States. Please read it carefully: it affects how disputes between you and us are resolved.
- Talk to us first. Before starting a claim, email us at contact@talkingblocksgame.com with your name, the problem and what you'd like us to do. We'll try to resolve it informally within 60 days. We'll do the same before bringing any claim against you.
- Binding individual arbitration. If we can't resolve it, you and we agree that any dispute about the App or these terms will be decided by binding individual arbitration run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, instead of in court. The Federal Arbitration Act governs this section. The arbitration takes place in the county where you live, or by phone or video, and the arbitrator can award you the same individual relief a court could. We pay the AAA's filing, administration and arbitrator fees that its Consumer Rules assign to businesses.
- Exceptions. Either of us may bring an individual claim in small claims court, and either of us may go to court to stop the misuse of intellectual property (Section 7).
- No class actions, no jury. Disputes are resolved only individually. Neither you nor we may bring or join a class, collective or representative action or arbitration, and an arbitrator can't combine different people's claims. You and we give up any right to a jury trial.
- Many similar claims. If 25 or more similar demands are filed against us with the help of the same lawyers or organization, the AAA's mass arbitration rules apply and the demands may be handled in batches.
- Opt out. You can opt out of this section by emailing contact@talkingblocksgame.com within 30 days after you first download or use the App, with your name and a clear statement that you opt out of arbitration. Opting out doesn't affect the rest of these terms.
- If part of this section fails. If the ban on class actions can't be enforced for a claim, that claim goes to court instead of arbitration, and the rest of this section still applies. A claim that goes to court is heard in the state or federal courts for the county where you live.
- Changes. If we change this section, the change won't apply to a dispute we already knew about, and you can reject it by emailing us within 30 days after it takes effect.
16. General
- Severability: if a court finds part of these terms unenforceable, that part is limited or removed only as far as needed, and the rest stays in effect.
- No waiver: if we don't enforce a part of these terms right away, we can still enforce it later.
- Assignment: we may transfer these terms to a successor who takes over the App (for example in a sale of the business), and your rights under them stay the same. You may not transfer your rights under these terms.
- Entire agreement: these terms, the Standard EULA and the Privacy Policy are the whole agreement between you and us about the App.
17. Changes to these terms and contact
We may update these terms. We will post the new version at https://talkingblocksgame.com/terms and update the effective date. If a change is material, we will give notice in the App where practical. Continuing to use the App after changes take effect means you accept them.
Questions or concerns:
Dam Tran
Email: contact@talkingblocksgame.com
Support: https://talkingblocksgame.com/support
