TERMS OF SERVICE
Last Updated: April 07, 2025
Welcome to Big Nuts Games! These Terms of Service ("Terms") govern your use of our services, including our mobile application "The Test of Insanity" and any other applications or services that link to these Terms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Who We Are
We are Big Nuts Games ("we," "us," or "our"), a US-based company and the creators of "The Test of Insanity." Our Services are designed to provide entertainment through interactive mobile applications.
2. Eligibility
You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or legal guardian to use the Services. By using the Services, you represent that you meet these eligibility requirements.
3. Your Account
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Access: You may need to create an account or provide certain permissions (e.g., push notifications) to fully use our Services. You agree to provide accurate and complete information when interacting with us.
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Responsibility: You are responsible for maintaining the confidentiality of any account credentials and for all activities under your account. Notify us immediately at [email protected] if you suspect unauthorized use.
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Termination: We reserve the right to suspend or terminate your access to the Services at our discretion, especially if you violate these Terms.
4. License to Use Our Services
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Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes, subject to these Terms.
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Restrictions: You may not:
- Copy, modify, distribute, or reverse-engineer our Services.
- Use the Services for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Services.
- Attempt to gain unauthorized access to any part of the Services.
5. In-App Purchases
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Availability: "The Test of Insanity" offers in-app purchases for additional features, content, or virtual items. All purchases are subject to the payment terms of the app store you use (e.g., Apple App Store, Google Play Store).
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Non-Refundable: All in-app purchases are final and non-refundable, except as required by applicable law or the app store’s policies. We do not provide refunds for buyer’s remorse or unused purchases.
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Pricing: Prices are displayed in the app and may vary by region. You are responsible for any taxes or fees associated with your purchases.
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Authorization: By making a purchase, you confirm you are authorized to use the payment method provided.
6. User Conduct
You agree to use the Services responsibly and not to:
- Post or share content that is unlawful, harmful, abusive, or violates the rights of others.
- Engage in any activity that could damage, disable, or overburden our Services.
- Use automated systems (e.g., bots, hacks) to gain unfair advantages, cheat, or otherwise interfere with the Services.
- Attempt to exploit or manipulate in-app purchases.
7. Intellectual Property
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Our Rights: All content, trademarks, and intellectual property in the Services (e.g., game design, artwork, code) are owned by Big Nuts Games or our licensors. You may not use them without our written consent.
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Your Content: If you submit feedback, suggestions, or other content to us, you grant us a worldwide, royalty-free, perpetual license to use, modify, and incorporate it into our Services.
8. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to our privacy practices.
9. Disclaimers
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As-Is: The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement.
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Performance: We do not guarantee that the Services will be uninterrupted, error-free, or free of harmful components.
10. Limitation of Liability
To the fullest extent permitted by law, Big Nuts Games, its affiliates, and its team members will not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability to you will not exceed $100 or the amount you paid us in the last 12 months, whichever is greater.
11. Indemnification
You agree to indemnify and hold Big Nuts Games harmless from any claims, losses, or damages (including legal fees) arising from your use of the Services or violation of these Terms.
12. Changes to the Services or Terms
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Services: We may modify, suspend, or discontinue any part of the Services, including in-app purchase offerings, at any time without notice.
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Terms: We may update these Terms periodically. We’ll notify you of significant changes by posting the updated Terms on our Services or via email. Your continued use after the changes means you accept the new Terms.
13. Termination
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By You: You can stop using the Services at any time by uninstalling the app or ceasing access.
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By Us: We can terminate your access if you breach these Terms (e.g., cheating, unauthorized use) or for any reason at our discretion. Upon termination, your right to use the Services ends immediately, and any in-app purchases may be forfeited.
14. Governing Law
These Terms are governed by the laws of the United States, specifically the state of California, without regard to conflict of law principles. Any disputes will be resolved in the courts of California.
15. Contact Us
If you have questions about these Terms, contact us at: