Terms of Service

Overview

These Terms of Service (“Terms”) govern your use of the Word Challengewebsite at word-challenge.com (the “Website”) and the Word Challengegame for iOS (the “App”, together the “Services”), provided by Nanotech Computers (Pty) Ltd(“Nanotech Computers”, “we”, “us”). By using the Services you agree to these Terms. If you do not agree, please do not use the Services. We may update these Terms from time to time; your continued use after changes means you accept the updated Terms.

Who may use the Services

You may browse the Website freely. To use the App you need a compatible Apple device that meets the requirements shown on the App Store. The Services are intended for a general audience; if you are a minor, you may use them only with the involvement of a parent or guardian and where permitted by law.

Licence to use the App

The App is licensed, not sold, to you. Subject to these Terms and the Apple Media Services and App Store terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services except as permitted by law.

Acceptable use

You agree to use the Services lawfully and not to:

• break any applicable law or regulation;
• harass, threaten, or abuse other players, including in multiplayer;
• cheat, exploit, automate, tamper with, or attempt to gain unauthorised access to the Services or their systems;
• interfere with or disrupt the Services, servers, or networks; or
• infringe anyone's intellectual-property or privacy rights.

We may suspend or terminate your access if you breach these Terms.

Virtual items and coins

The App includes virtual items such as coins, which you can earn by playing, by watching a rewarded advert, or by purchase. Virtual items are licensed to you for use within the App only. They have no monetary value, are not your property, and cannot be exchanged for real money or transferred outside the App. We may change or remove virtual items at our discretion, to the extent permitted by law.

In-app purchases

Purchases in the App are processed by Apple through its In-App Purchase system (which we manage with RevenueCat) and are subject to Apple’s terms. Payment is charged to your Apple account. Except where required by law, purchases of virtual items are final and non-refundable; refund requests are handled by Apple. Prices and availability may change.

Advertising

The App may show adverts, including rewarded video adverts delivered by third-party networks such as Google AdMob. We are not responsible for the content of adverts or for any dealings between you and advertisers.

Intellectual property

The Services, including their software, design, logos, text, and other content (other than third-party or user content), are owned by Nanotech Computers or its licensors and are protected by South African and international intellectual-property laws. Word lists and definitions are provided for personal, non-commercial reference within the Services. You may not reproduce or redistribute substantial parts of the Services without our written consent.

Third-party services and links

The Services use and link to third-party services (such as Apple, Google, RevenueCat, and Game Center) that have their own terms and privacy policies. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

Disclaimers

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that the word data is complete or accurate for every purpose.

Limitation of liability

To the maximum extent permitted by law, Nanotech Computers and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of or inability to use the Services. Nothing in these Terms excludes liability that cannot be excluded by law (for example, for fraud, gross negligence, or wilful misconduct).

Indemnification

You agree to indemnify and hold harmless Nanotech Computers and its officers, employees, and agents from any claims, losses, and reasonable costs arising out of your misuse of the Services or your breach of these Terms.

Termination

We may suspend or end your access to the Services at any time, with or without notice, including if you breach these Terms. On termination, your licence to use the App ends and you must stop using the Services.

Governing law and disputes

These Terms are governed by the laws of South Africa. We will try to resolve any dispute informally first — please contact us. If a dispute is not resolved within 30 days, it will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), held in South Africa in English, except that either party may bring a claim in a competent South African court where permitted by law.

Apple App Store — additional terms

The following terms apply to your use of the App obtained from the Apple App Store and prevail over any conflicting terms above to the extent of the conflict:

• These Terms are between you and Nanotech Computers only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal or regulatory non-compliance, and consumer-protection claims.
• We, not Apple, are responsible for investigating and resolving any third-party claim that the App or your use of it 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 "terrorist-supporting", 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.

Contact

Nanotech Computers (Pty) Ltd (registration 2017/122030/07), South Africa. Questions about these Terms? Contact us at [email protected].