Terms of Service
Last Updated: March 12, 2025
1. Acceptance of Terms
By accessing, downloading, installing, or using any software, mobile applications, websites, or services (collectively, the “Services”) provided by Werd Games LLC (“Werd Games”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Services.
2. Eligibility
- Age Restriction: Our Services are not intended for individuals under the age of 13. By using our Services, you represent and warrant that you are at least 13 years old. If you are under 13, please do not use our Services. If you are the parent or legal guardian of a minor using our Services and have any concerns regarding the minor's use, please direct those concerns to hello /at/ werd.games.
- Geographic Restriction: Our Services are offered exclusively to residents of the United States at this time. Werd Games LLC does not offer its software or services to users who normally reside outside the United States or who, for any other reason, may be subject to the privacy laws of any other country or territory (e.g., the European Union, United Kingdom, etc.). Werd Games LLC does not claim or attempt to comply with any such foreign privacy laws. If you reside outside the United States and are impacted by this clause, your exclusive remedy is to contact us at hello /at/ werd.games, referencing this clause, and request the deletion of your account. By using our Services, you represent and warrant that you are a resident of the United States and that your use of our Services complies with this restriction.
3. License to Use
Subject to your compliance with these Terms, Werd Games grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for your personal, non-commercial purposes.
4. Scope of Agreement
These Terms apply to all software, websites, mobile applications, and any other services provided by Werd Games LLC. By using our Services, you acknowledge that you are entering into a binding agreement with Werd Games.
5. User Accounts
- Account Creation: You may be required to create an account and provide accurate, current, and complete information.
- Account Security: You are responsible for safeguarding your account credentials and all activities that occur under your account.
- Prohibition on Account Sale: You agree not to sell, trade, or otherwise transfer your account. Werd Games may, at its sole discretion, suspend or remove any or all accounts associated with a violation of this provision.
6. User Conduct and User‑Generated Content
- Conduct: You agree not to use our Services in any manner that is unlawful, harmful, or interferes with the rights of others. This includes, but is not limited to, cheating, hacking, exploiting bugs, or harassing other users.
- User Content: Some features of our Services may allow you to post or share content (“User Content”). You retain ownership of any intellectual property rights that you hold in the content you post.
- License Grant for User Content: By posting User Content, you grant Werd Games LLC a perpetual, irrevocable, worldwide, royalty-free, transferable license to host, transmit, share, publish, modify, and otherwise use your content in connection with our Services.
- Content Ownership: While you maintain ownership of your User Content, you acknowledge that Werd Games may use your content as described above, and you represent that you have the rights to grant this license.
7. Transactions Facilitated Through Third‑Party Platforms
Some transactions involving purchases of digital goods, in‑app products, subscriptions, or other paid features (“Transactions”) are processed through third‑party platforms, including, but not limited to, the Apple App Store and Google Play Store (each, a “Third‑Party Platform”). By making a purchase, you agree to abide by the terms, conditions, and privacy policies of the Third‑Party Platform that facilitates your Transaction.
- Dispute Resolution and Refunds: Any disputes, refund requests, or issues related to a Transaction are governed solely by the policies, terms, and procedures of the respective Third‑Party Platform. Werd Games LLC does not handle dispute resolution or payment processing independently; in the event of any dispute, you may be referred to the customer support team of the relevant Third‑Party Platform.
- No Liability: Werd Games LLC is not responsible or liable for any decisions, actions, or policies of the Third‑Party Platforms regarding your Transaction. Your rights and remedies with respect to such Transactions are determined exclusively by the Third‑Party Platform’s terms and conditions.
- Data Collection: Werd Games LLC does not collect, store, or transmit any payment or financial information about you. We only receive and retain data related to the outcome of each Transaction (e.g., transaction amounts, success or failure status, and product details) as provided by the Third‑Party Platform.
- Additional Terms: Your use of the Third‑Party Platforms is subject to the user agreements, policies, and privacy policies of Apple, Google, or any other platform involved in processing your Transaction.
8. Third‑Party Websites and Applications
Our Services may contain links to third‑party websites or applications that are not owned or controlled by Werd Games. We are not responsible for and assume no liability for the content, privacy policies, or practices of any third‑party sites or services. Your use of third‑party websites or services is at your own risk, and you should review their terms and conditions before use.
9. DMCA and Intellectual Property Infringement Claims
Werd Games respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon via our Services, please provide a written notice containing the following information to hello /at/ werd.games:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and sufficient information to permit us to locate the material.
- Your contact information, including your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter‑notifications in response to any DMCA notice should also be sent to hello /at/ werd.games.
10. Disclaimers
Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. Werd Games disclaims all warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non‑infringement. Use our Services at your own risk.
11. Limitation of Liability
In no event shall Werd Games be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or in connection with your use of our Services, even if advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Werd Games, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
13. Binding Arbitration and Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its rules. The arbitration shall be conducted in the State of Colorado, USA. You agree that you and Werd Games are each waiving the right to a trial by jury or to participate in a class action.
14. Termination
Werd Games reserves the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including any violation of these Terms. Upon termination, your right to use the Services will immediately cease.
15. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the use of our Services shall be brought exclusively in the appropriate state or federal courts located in Colorado.
16. Changes to the Terms
Werd Games reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms within our Services or on our website. Your continued use of our Services after such modifications constitutes your acceptance of the new Terms.
17. Contact Information
If you have any questions, concerns, or notices regarding these Terms, please contact us at:
- Email: hello /at/ werd.games
18. Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference and is available at https://werd.games/privacy. By using our Services or interacting with Werd Games, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.