End User License Agreement

Last Updated: March 13, 2025

1. Definitions

1.1 Terms capitalized in this End User License Agreement ("EULA") have the meanings below, applying in singular or plural form. Section references include all subsections unless specified otherwise.

• 1.2 Apple – Apple Inc. and its affiliates, including Apple Distribution International Ltd., operating the App Store for Apple device users.
• 1.3 Apps – All mobile applications, games, software, Content, features, functionalities, and services provided by Us, including the app you’re downloading, future apps, and related platforms, technologies (e.g., AI, VR/AR), in-app purchases, subscriptions, user-generated content, updates, virtual goods, currency, mechanics, leaderboards, social features, and support, accessible on any device or platform.
• 1.4 App Store (or "Mobile Platform") – Third-party stores or marketplaces (e.g., Apple App Store, Google Play Store) from which you access Our Apps.
• 1.5 App Store Terms – Applicable terms, conditions, and policies of the App Store.
• 1.6 Company (or "Tradies", "Us", "We", "Our") – Tradies Pty. Ltd., an Australian Company, ACN 092247295, located at 56 Stringybark Rd., Buderim, Queensland, Australia.
• 1.7 Content – Data, text, images, videos, audio, graphics, designs, animations, interfaces, virtual goods, currency, and other materials in Our Apps, provided by Us, licensors, or Third Party Suppliers, excluding User Content. Includes gameplay, storylines, characters, music, sound effects and artwork.
• 1.8 Device – Any hardware (e.g., smartphones, tablets, computers) used to access or use Our Apps or Services, including operating systems and software.
• 1.9 EEA – European Economic Area.
• 1.10 EULA – This End User License Agreement, including amendments, Privacy Policy, and other referenced terms governing Your use of Our Services.
• 1.11 Fees – Payments for accessing features, functionalities, or content in Our Apps, including one-time purchases, subscriptions, or in-app purchases.
• 1.12 Google - Google LLC and its affiliates, operating the Google Play Store for Android device users.
• 1.13 Intellectual Property Rights – All intellectual property rights (e.g., patents, trademarks, copyrights, trade secrets, software, designs) worldwide, registered or unregistered, including applications and renewals.
• 1.14 Modifications – Changes, updates, enhancements, fixes, or discontinuations to Our Apps or services, including feature additions/removals, performance improvements, or legal compliance.
• 1.15 Open Source Software – Third-party software in Our Apps licensed under open source terms (e.g., GPL, MIT, Apache), subject to those licenses’ obligations.
• 1.16 Privacy Policy – Our policy on collecting, using, and protecting Your information, incorporated into this EULA.
• 1.17 Representative – A parent, guardian, or legal representative acting for users aged 16–18.
• 1.18 Rewarded Ads – Advertisements You choose to view for rewards (e.g., coins, items) in Our Apps.
• 1.19 Services – Our Apps, related services, products, and websites provided by Us or Third Party Suppliers.
• 1.20 Third Party Suppliers – Providers of Third Party Services.
• 1.21 Third Party Services – Third-party websites, apps, or content integrated or linked by Our Apps, not owned by Us.
• 1.22 Unacceptable Content – Materials deemed (at Our discretion): unlawful, harmful, abusive, obscene, infringing, misleading, or disruptive (e.g., hate speech, malware, spam, pornography, violence, illegal promotions, privacy violations).
• 1.23 User Content – Any text, images, videos, audio, comments, reviews, feedback, profiles, messages, or other materials You upload, post, or submit via Our Apps (e.g., forums, chats, leaderboards).
• 1.24 USA – United States of America.
• 1.25 U.S. Government – U.S. federal, state, local, or tribal governments and their entities.
• 1.26 Use – Accessing, downloading, installing, running, or interacting with Our Apps, including viewing Content, submitting User Content, or making purchases.
• 1.27 You (or "Your", "User") – The individual using Our Services under this EULA.

2. Introduction and Eligibility

2.1 This EULA is between You and Tradies, developers of Apps available via App Stores. By Using Our Apps, You agree to this EULA and Our Privacy Policy. If You disagree, do not Use Our Apps. You must be at least 16 (or the age of majority in Your jurisdiction) to Use Our Apps. Users under 18 need a Representative’s consent. Use is for personal, non-commercial purposes only.

2.2 If Our Apps target children under 16, parental consent and compliance with child privacy laws (e.g., COPPA, GDPR-K) are required. Contact games@tradies.com for inquiries.

2.3 App Store Terms also apply to Your relationship with the App Store, please review those separately.

3. License

3.1 We grant You a non-exclusive, non-transferable, revocable license to Use Our Apps on Your Devices, subject to Your agreement to this EULA.

3.2 Apps are licensed, not sold—You gain no ownership rights. We (and Our licensors) retain all rights not granted here.

3.3 Our name, logo, and App names are Ours (or Our licensors’)—no implied license is granted.

4. Restrictions

4.1 You may not: sell, rent, sublicense, copy (except backups), decompile, reverse engineer, or commercially exploit Our Apps; interfere with their operation; use them for AI purposes (e.g., model training); or remove proprietary notices.

4.2 Open Source Software is governed by its licenses, not this EULA, see 5. Open Source Software for more details.

4.3 Modifications are subject to this EULA, unless expressly provided for with additional terms associated with that Modification.

4.4 Use is personal only—no commercial use.

5. Open Source Software

5.1 Our Apps may include Open Source Software under its own licenses, not this EULA. You must comply with those terms (e.g., attribution, source code distribution). We offer no warranty or support for it beyond what’s required. Details are at Open Source Licenses.

6. Privacy Policy

6.1 Our Privacy Policy governs how We collect, use, disclose, and protect Your personal information and is part of this EULA. Using Our Apps means You agree to it. In the event of any conflict between this EULA and the Privacy Policy, this EULA shall prevail, except where the Privacy Policy is required to take precedence by applicable law.

7. Using Our Services

7.1 You’re responsible for Your internet costs and ensuring compatibility. We don’t guarantee availability, language options, or uninterrupted use—services may be down for maintenance or other reasons.

7.2 We strive for accessibility. Contact games@tradies.com for support or to report issues.

8. Changes to Our Apps

8.1 We may make Modifications to Our Apps (e.g., add/remove features, discontinue services) anytime, without notice unless required by law or App Store Terms. You’re responsible for Device compatibility. No refunds/credits for lost access (e.g., virtual goods) unless legally required. Continued Use after Modifications binds You to the updated EULA.

9. Local Laws and Export Controls

9.1 You must comply with local laws, including export/import rules. You warrant You’re not in an embargoed country or on a restricted list (e.g., U.S., EU, UN sanctions).

10. Fees

10.1 Fees may apply for features or Content. We may change Fees with notice as required. Fees are non-refundable unless stated otherwise or legally mandated.

10.2 Subscriptions:

• Recur (e.g. weekly, monthly, annually) and auto-renew unless canceled before renewal.
• Charged in advance via Your payment method.
• Cancel via App Store tools (e.g., Apple: Settings > [Your Name] > Subscriptions; Google Play: Play Store > Subscriptions).
• No refunds for current periods.
• On removal of Our Apps, it is Your responsiblity to unsubscribe within the App Store, it is not done automatically and is not under Our control.
• We may adjust Fees with notice; Your continued Use accepts the new Fees.

10.3 In-App Purchases:

• Non-transferable virtual goods/content (e.g., coins, skins).
• Non-refundable, including on termination of this EULA, unless required by applicable law or App Store Terms.
• It is Your responsibility to secure Your account to prevent unauthorized purchases.

10.4 Payment Processing: All payment processing is handled by App Stores or third parties, and You must follow their terms. We are not liable for any payment processing issues.

10.5 Taxes: All Fees are exlusive of tax, unless otherwise stated. You are responsible to pay applicable taxes, unless We must collect and remit them under relevant law.

10.6 Refund Policy: Refunds are via App Stores and subject to App Store Terms. Contact games@tradies.com for billing help—we’re not obligated to refund unless required by law or App Store Terms.

11. Advertisements

11.1 Our Apps may show Ads from Us or third parties. We control their type, frequency and placement.

11.2 Third-Party Advertisements: Some Advertisements come from third parties ("Third-Party Advertisements"). We don’t endorse or guarantee their content, accuracy, or effects, and We’re not liable for Your interactions with them. Engaging with Third-Party Advertisements (e.g., clicking links, buying items) is at Your risk and follows third-party terms, not this EULA.

11.3 Ad-free options (e.g., subscriptions) reduce Ads only as specified—some, like Rewarded Ads, may remain. Availability and terms are at Our discretion.

12. User Content

12.1 License: You grant Us a worldwide, perpetual, non-exclusive, royalty-free license to use, modify, and distribute Your User Content for any purpose (e.g., improving Our Apps). You warrant You have rights to grant this.

12.2 Feedback: Feedback You provide is Ours to use without restriction/compensation.

12.3 Acceptable Use: No Unacceptable Content (e.g., illegal, harmful, infringing).

12.4 Moderation: We may review/remove User Content at Our discretion without notice. If removed, request a review within 14 days at games@tradies.com—Our decision is final.

12.5 Prohibited Actions: No malware, data harvesting, or interference with Our Services.

12.6 Enforcement: We may suspend/terminate access for violations, report illegal acts, and delete Your Content without liability.

12.7 Copyright Complaints: Report infringement to games@tradies.com with Your details, content location, and ownership proof. We’ll respond per laws (e.g., DMCA).

13. Dispute Resolution and Arbitration (Non-U.S. Users)

13.1 This section (13) applies to You if You are not a resident of the United States.

13.2 The terms of this section govern any disputes or differences whatsoever between You and the Company arising out of or relating to this EULA or Our Services (collectively, "Disputes"), except as required by applicable law.

13.3 Before initiating any formal dispute resolution proceedings, You agree to first informally contact Us at games@tradies.com. We will attempt to resolve the Dispute within thirty (30) days of receiving Your notice. If the Dispute is not resolved within this period, either party may proceed to binding arbitration as set forth below.

13.4 Binding Arbitration

13.4.1 If a Dispute cannot be resolved informally (section 13.3), it shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided in Clause “13.5 Exceptions to Arbitration”. Arbitration shall be conducted in accordance with the Commercial Arbitration Act 2013 (Qld) for domestic arbitration or, if the Dispute involves an international element, the International Arbitration Act 1974 (Cth), as applicable. The arbitration shall be administered by the Resolution Institute (https://resolution.institute/), under its Arbitration Rules in effect at the time the arbitration is initiated, unless otherwise agreed by the parties.

13.4.2 The arbitration shall take place in Brisbane, Queensland, Australia, and shall be conducted by a single arbitrator in the English language. You may elect to conduct the arbitration remotely by telephone, videoconference, or based solely on written submissions, unless otherwise required by Resolution Institute rules. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, subject to the limitations set forth in this EULA. Either parties may have rights of appeal under the Commercial Arbitration Act 2013 (Qld), and judgment on the award may be entered in any court having jurisdiction.

13.4.3 Payment of all filing, administration and arbitrator fees shall be governed by the rules of the Resolution Institute and each party shall bear its own costs and attorneys’ fees, except as otherwise required by applicable law or the arbitrator’s award.

13.4.4 All aspects of the arbitration proceeding shall be strictly confidential, except as necessary to enforce, enter, or challenge the award in a court of competent jurisdiction, or as otherwise required by applicable law.

13.5 Exceptions to Arbitration
Notwithstanding the foregoing, nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction in Queensland, Australia, to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to address other urgent matters where arbitration would not provide an adequate remedy. Additionally, nothing in this section shall prevent You from bringing a claim in a small claims court (or equivalent) in Queensland, Australia, if the Dispute falls within the jurisdictional limits of such a court, provided that relief is brought on an individual basis.

13.6 Class Action Waiver
To the extent permitted by applicable law, You and the Company agree that any Dispute shall be resolved on an individual basis only, and not in a class, collective, consolidated, or representative action. You waive any right to participate in or initiate any class action, collective action, or other representative proceeding against the Company, whether in arbitration or in court. If this class action waiver is found to be unenforceable or invalid, then the entire arbitration agreement in this section shall be deemed void, but only with respect to the specific Dispute in question, and the Dispute shall proceed in a court of competent jurisdiction as provided in 23. Governing Law and Jurisdiction.

13.7 Nothing in this section shall be construed to limit or exclude any rights or remedies that You may have under applicable laws, such as the Australian Consumer Law or other consumer protection laws, that cannot be excluded, restricted, or modified by agreement, including any rights to bring proceedings in your local jurisdiction where permitted by law. If any part of this section is found to be unenforceable, the remaining provisions shall remain in full force and effect, except as provided in Clause 13.6 Class Action Waiver.

13.8 Notwithstanding the existence of a Dispute, the parties shall continue to perform their respective obligations under this EULA unless otherwise agreed in writing or required by law.

13.9 If any part of this section (13. Dispute Resolution and Arbitration (Non-US Users)) is found to be unenforceable, such part shall be severed, and the remainder of this section shall continue in full force and effect, except as provided in clause “13.6 Class Action Waiver".

13.10 This section ("13. Dispute Resolution and Arbitration (Non-US Users) ") shall survive any termination of this EULA.

14. Dispute Resolution and Arbitration (U.S. Users)

14.1 This section (14) applies to You if You are a resident of the United States.

14.2 The terms of this section govern any disputes or differences whatsoever between You and the Company arising out of or relating to this EULA or Our Services (collectively, "Disputes"), except as required by applicable law.

14.3 Before initiating any formal dispute resolution proceedings, You agree to first informally contact Us at games@tradies.com. We will attempt to resolve the Dispute within thirty (30) days of receiving Your notice. If the Dispute is not resolved within this period, either party may proceed to binding arbitration as set forth below.

14.4 Binding Arbitration

14.4.1 If a Dispute cannot be resolved informally (section 14.3), it shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided in Clause “14.5 Exceptions to Arbitration”. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applies to Disputes whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. To be clear, You and Tradies are each waiving the right to a trial by jury or to participate in a class action, as provided below in Section “14.6 Class Action Waiver”.

14.4.2 Arbitration shall be conducted by a single neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA’s Consumer Arbitration Rules, as applicable, which are available at www.adr.org or by calling the AAA at 1-800-778-7879.

14.4.2 The arbitration shall be conducted in the English language and shall take place in your State of residence, in a major city designated by the Company, unless agreed otherwise. Either party may elect to have the arbitration conducted by telephone, videoconference, or based solely on written submissions, unless otherwise agreed by the parties or required by the AAA Rules.

14.4.3 The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including monetary damages, injunctive relief, and attorneys’ fees, but only to the extent permitted by this EULA and applicable law. The arbitrator’s decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction.

14.4.4 Each party shall bear its own costs and expenses, including attorneys’ fees, associated with the arbitration, except as otherwise provided by the AAA Rules or applicable law. The Company will pay its share of arbitration fees as required by the AAA Rules, but you are responsible for your portion of any filing, administrative, or arbitrator fees, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose, in which case the arbitrator may award the Company its fees and costs.

14.4.5 All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential, except as necessary to enforce, enter, or challenge the award in a court of competent jurisdiction, or as otherwise required by applicable law.

14.5 Exceptions to Arbitration Notwithstanding the foregoing, nothing in this EULA shall prevent either party from: (a) seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or other proprietary rights; (b) bringing claims in small claims court, provided the claim falls within the jurisdictional limits of such court and is brought on an individual basis; or (c) pursuing enforcement actions through applicable federal, state, or local agencies, if such actions are available.

14.6 Class Action Waiver
YOU AND PRETENDCOMPANYINC AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT THROUGH ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in, or have your Dispute heard as, a class action, class arbitration, or other representative action. The arbitrator shall have no authority to consolidate or join your arbitration proceeding with the arbitration proceeding of any other person or entity, or to otherwise permit the arbitration to proceed on a consolidated, class, or representative basis. If this class action waiver is found to be unenforceable or invalid, then the entirety of this "15. Dispute Resolution and Arbitration (US Users) " section shall be void, but only with respect to the specific Dispute in question. The remainder of this EULA shall remain in full force and effect, and the Dispute shall proceed in a court of competent jurisdiction as provided in Section 23. Governing Law and Jurisdiction.

14.7 You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out to the Company at the address provided under the Notices section of this EULA or via email at admin@pretendcompany.com, within thirty (30) days of the date you first Use Our Apps or the date this EULA is first presented to you, whichever is later. Your notice must include your full name, address, and a clear statement that you wish to opt out of mandatory arbitration. If you opt out, neither you nor the Company will be required to arbitrate Disputes, but the remainder of this EULA, including 14.6 class action waiver, will continue to apply, and Disputes will be resolved in accordance with Section 23. Governing Law and Jurisdiction of this EULA. If you do not opt out within the thirty (30)-day period, you will be bound by this arbitration agreement.

14.8 If any part of this section (14. Dispute Resolution and Arbitration (US Users)) is found to be unenforceable, such part shall be severed, and the remainder of this section shall continue in full force and effect, except as provided in clause “14.6 Class Action Waiver".

15. Third Parties

15.1 App Stores: Availability of Our Apps is dependent on the App Store. We are not liabile for the App Stores's actions. You must follow the App Store Terms and in the event of any conflict between this EULA and the App Store Terms, the App Store Terms shall govern with respect to Your relationship with the App Store. The App Store is not a party to this EULA and has no obligation to provide maintenance, support, or other services related to Our Apps.

15.2 Third Party Services: Your use of Third Party Services is at Your own risk and under their terms and conditions, not this EULA. We are not liable for Third Party Services actions or any damages that arise from Your use of Third Party Services.

15.3 Open Source: We may use Open Source Software in Our Apps. Any use is governed by the associated licenses, which you can see here: Open Source Licenses URL

15.4 Other Users: Our Apps may enable interactions with other users, such as through chat features, forums, multiplayer gameplay, or other interactive functionalities. You acknowledge and agree that the Company is not responsible for the actions, behavior, or User Content of other users. The Company does not endorse, warrant, or assume any responsibility or liability for any interactions, transactions, or disputes between you and other users, or for any harm, loss, or damages arising therefrom. You agree to interact with other users at your own risk and to exercise caution and good judgement in your interactions.

15.5 Release: To the fullest extent permitted by applicable law, You release, discharge and agree to hold harmless the Company, its affiliates, licensors, service providers, and respective officers, directors, employees, agents, successors, and assigns from all third-party claims (e.g., App Stores, Third Party Suppliers and other users).

16. NO WARRANTY

PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING OUR APPS AND SERVICES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR APPS AND SERVICES IS AT YOUR SOLE RISK. TRADIES PROVIDES OUR APPS AND SERVICES "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR APPS AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.

17. Limitation of Liability

17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRADIES AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES, LOSS OF CORRUPTION OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR APPS, CONTENT, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE EXCLUSIONS AND LIMIATIONS MAY NOT APPLY TO YOU.

17.2 OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE APP, ITS CONTENT, OR ITS SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17.3 YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THAT THE APP AND ITS SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

18. Indemnification

18.1 BY USING OUR APPS OR SERVICES, YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRADIES AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR IN CONNECTION WITH:

18.1.1 YOUR BREACH OF THIS EULA OR VIOLATION OF APPLICABLE LAW;

18.1.2 YOUR USE OR MISUSE OF OUR APPS, CONTENT, OR SERVICES;

18.1.3 YOUR IN-APP PURCHASES, INCLUDING BUT NOT LIMITED TO ANY DISPUTES REGARDING PAYMENTS, CHARGES, OR NON-DELIVERY OF PURCHASED ITEMS;

18.1.4 YOUR SUBSCRIPTIONS, INCLUDING BUT NOT LIMITED TO ANY DISPUTES REGARDING BILLING, AUTOMATIC RENEWALS, OR FAILURE TO CANCEL A SUBSCRIPTION;

18.1.5 YOUR USER-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY CONTENT THAT IS UNACCEPTABLE CONTENT (AS DEFINED IN THIS EULA);

18.1.6 YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, PRIVACY

RIGHTS, OR CONTRACTUAL RIGHTS;

18.1.7 ANY OTHER ACT OR OMISSION BY YOU THAT CAUSES HARM TO US OR A THIRD PARTY IN CONNECTION WITH OUR APPS OR SERVICES;

18.2 YOU AGREE TO PROMPTLY NOTIFY US OF ANY CLAIM, DEMAND, OR ACTION SUBJECT TO THIS INDEMNIFICATION OBLIGATION AND TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY SUCH CLAIM, DEMAND, OR ACTION. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO PROVIDE US WITH ALL REASONABLE ASSISTANCE AT YOUR OWN EXPENSE.

18.3 SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATION OBLIGATIONS, PARTICULARLY IN CONSUMER CONTRACTS, SO SOME OF THE ABOVE OBLIGATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOUR INDEMNIFICATION OBLIGATIONS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Term and Termination

19.1 This EULA Starts on Use and ends on termination by Us (e.g., for violations) or You (uninstall).

19.2 We reserve the right to suspend, restrict, or terminate your access to Our Services, in whole or in part, at any time and for any reason, with or without notice, at our sole discretion. Upon termination you must uninstall Our Apps.

19.3 You may terminate this EULA at any time by uninstalling Our Apps from Your Device.

19.4 We have no control over App Store subscriptions. Active subscriptions are not automatically canceled on termination of this EULA or uninstallation of Our Apps; You are responsible for canceling any subscriptions in accordance with the App Store Terms or policies.

19.5 Some obligations survive termination of this EULA, see Section 20. Survivability.

19.6 We shall not be liable to You or any third party for termination of this EULA or removal of access to Our Services.

19.7 We are not obligated to provide refunds for any in-app purchases, subscriptions, or other fees paid prior to termination, except as required by applicable law or App Store Terms.

19.8 You understand that any termination may involve deletion of your User Content from Our Apps and Services and We will have no liability whatsoever to You for deletion of Your User Content.

20. Survivability

20.1 The termination or expiration of this EULA shall not affect the continuing validity or enforceability of any provisions that, by their nature, are intended to survive such termination or expiration. Without limiting the foregoing, the following provisions shall survive termination of this EULA, regardless of the reason for such termination or expiration:

20.1.1 Disclaimer of Warranty, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law and Jurisdiction (Sections 14,15,16,17,18,23); and

20.1.2 Provisions related to Fees, User Content, Intellectual Property Rights, Privacy Policy; and

20.1.3 Any other provisions that, by their nature or express terms, are intended to survive termination or expiration.

20.2 You acknowledge and agree that the survival of these provisions is a fundamental element of the EULA between You and Us, and that Our Services would not be provided to You without such survival.

21. Apple-Specific Terms

21.1 The following terms apply to Your Use of Our Apps on Apple devices, and are intended to comply with Apple’s requirements as the operator of the App Store. These terms supplement the other provisions of this EULA and, in the event of a conflict between these Apple-Specific Terms and other provisions of this EULA, these Apple-Specific Terms shall prevail with respect to Your use of Our Apps on Apple Devices.

21.2 Acknowledgment of Apple’s Role: You acknowledge that this EULA is between You and the Company, and not with Apple. Apple is not a party to this EULA and is not responsible for Our Apps or their Content, including but not limited to their functionality, maintenance, or support.

21.3 Scope of License: The license granted to You under this EULA to Use Our Apps on Apple Devices is a non-transferable license to use Our Apps on Apple Devices that You own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, available at https://www.apple.com/legal/internet-services/itunes/, or any successor URL provided by Apple.

21.4 Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to Our Apps. To the extent that any maintenance or support is required under applicable law, the Company, and not Apple, shall be responsible for providing such services.

21.5 Warranty: To the extent not effectively disclaimed under "16. No Warranties" section of this EULA, any warranty claims related to Our Apps shall be the responsibility of the Company, and not Apple. You acknowledge that Apple has no obligation to provide any warranty with respect to Our Apps.

21.6 Product Claims: You acknowledge that the Company, and not Apple, is responsible for addressing any claims You or any third party may have relating to Our Apps or Your possession and/or use of Our Apps, including but not limited to: (i) product liability claims; (ii) claims that Our Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

21.7 Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that Our Apps or Your possession and Use of Our Apps infringes that third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this EULA.

21.8 Legal Compliance: You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

21.9 Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

21.10 In-App Purchases and Refunds: If Our Apps offer in-app purchases, such purchases are processed by Apple through the App Store in accordance with the Apple Media Services Terms and Conditions. You acknowledge that any billing inquiries, refund requests, or disputes related to in-app purchases must be directed to Apple, and not to the Company, as Apple is responsible for processing such transactions. The Company is not responsible for any refunds, credits, or adjustments related to in-app purchases, except as required by applicable law.

21.11 Contact Information: For any questions, complaints, or claims with respect to Our Apps, You may contact the Company at games@tradies.com. Apple is not responsible for addressing such inquiries.

22. Google Play-Specific Terms

22.1 The following terms apply to Your Use of Our Apps on Android devices, using the Google Play Store. These terms supplement the other provisions of this EULA and, in the event of a conflict between these Google Play-Specific Terms and other provisions of this EULA, these terms shall prevail with respect to Your Use of Our Apps on Android Devices, using the Google Play Store.

22.2 You acknowledge that this EULA is between You and Us, and not with Google. Google is not a party to this EULA and is not responsible for Our Services.

22.3 The license granted to You under this EULA is a non-transferable license, as permitted by the Usage Rules set forth in the Google Play Terms of Service, or any successor URL provided by Google.

22.4 You acknowledge that the Company, not Google, is responsible for addressing any warranties, claims or IP disputes You or any third party may have relating to Our Apps or Your possession and/or use of Our Apps.

22.5 To the extent that any maintenance or support is required under applicable law, the Company,and not Google, shall be responsible for providing such maintenance and support services with resepect to Our Apps.

22.6 Google are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof, if required by Google Play policies,

22.7 If Our Apps offer in-app or subscription purchases, such purchases are processed by Google in accordance with their Google Play Store Terms of Use. Any purchase related billing inquiries, refund requests, or disputes must be directed to Google, and not Us. The Company is not responsible for any refunds, credits, or adjustments related to in-app purchases, except as required by applicable law.

22.8 For any questions, complaints, or claims with respect to Our Apps, You may contact Us at games@tradies.com. Google is not responsible for addressing such inquiries.

23. Governing Law and Jurisdiction

23.1 Governing Law
This EULA, and all matters arising out of or relating to this EULA, shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles, except as expressly provided otherwise in Section 14. (Dispute Resolution and Arbitration (U.S. Users)) with respect to U.S. Users.

23.2 Jurisdiction
Subject to the arbitration provisions in Section 14 and Section 15, any legal suit, action, or proceeding arising out of or relating to this EULA that is not subject to arbitration shall be instituted exclusively in the courts of Queensland, Australia, located in Brisbane, and You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

23.3 Nothing in this EULA shall affect any statutory rights that you are entitled to as a consumer under applicable law.

24. Entire Agreement

This EULA, together with our Privacy Policy and any other documents or agreements expressly incorporated by reference herein, constitute the entire agreement between You and Us with respect to Your Use of Our Services. This EULA supersedes all prior agreements. No amendment, or waiver of any provision of this EULA or the Privacy Policy shall be effective unless in writing and signed by an authorized representative of Us.

25. Miscellaneous

25.1 Changes to this EULA

25.1.1 This EULA is subject to occasional revision and you should periodically visit this web page to ensure that you are aware of any changes. The date on which the latest update was made is indicated at the top of this document, please bookmark this webpage and print a copy of this EULA for your reference. You can access this EULA at any time, either by visiting this URL (https://sudokuacademy.s3.us-east-1.amazonaws.com/Web/eula.html) or from within Our Apps. To find it in Our Apps, navigate to “Settings” > “About” > “Terms of Use” or a similarly labeled menu.

25.1.3 In case of substantial changes, we may notify you by prominently posting notice of the changes on this webpage or by message within Our Apps, or by requiring you to perform an update of Our Apps from the App Store.

25.1.4 Any time you perform an update to Our Apps from the App Store You shall review this EULA.

25.1.5 Your continued Use of Our Services after the EULA has been amended shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

25.1.6 If You do not agree with any amendment to this EULA, You shall discontinue using Our Services and uninstall Our Apps from Your Device.

25.2 Assignment:
You may not assign, transfer, or delegate any of your rights or obligations under this EULA without Our prior written consent. We may assign, transfer, or delegate any of Our rights or obligations under this EULA at Our sole discretion, without notice to You.

25.3 Notices:
You can email to us at: games@tradies.com
or by mail:

25.3 Severability:
If any provision of this EULA is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable and effective to the maximum extent possible in order to affect the intention of the provision. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from this EULA, and the remaining provisions of this EULA shall remain in full force and effect.

25.4 No Waiver:
No failure or delay by Us in exercising any right, power, or remedy under this EULA shall operate as a waiver of such right, power, or remedy. Partial exercises do not preclude further exercises. The rights, powers, and remedies provided to Us in this EULA are cumulative and not exclusive of those provided by law.

25.5 Force Majeure:
We’re not liable for delays/failures due to uncontrollable events (e.g., disasters, outages).