1. Scope & Acceptance
These Terms apply to (a) your use of klmofwy.com and any subdomain we control, (b) every mobile application we publish on Google Play or the Apple App Store under the “K LmofWY” developer name, and (c) any professional service, content, or deliverable we provide under a written statement of work. Together, those are the “Services”.
If you do not agree to these Terms, do not install or use the Services. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, in which case “you” refers to that organization.
For Apps distributed through the Apple App Store, the Licensed Application End User License Agreement between you and Apple (the “Apple EULA”) controls to the extent of any conflict with these Terms regarding the App’s use on iOS. For Apps distributed through Google Play, the Google Play Terms of Service apply in addition to these Terms. Each is incorporated by reference and survives the termination of these Terms to the extent necessary to give effect to the App-store rules.
2. Description of Services
K LmofWY is an independent studio that designs, develops, publishes, and supports software products and digital services. The Services we offer include:
- Studio services — creative direction, brand design, motion graphics, and product strategy for clients.
- Mobile application development and publishing — design, build, testing, localisation, and release of single-player casual games and everyday utility tools on Google Play and the Apple App Store.
- Mobile management applications — companion apps that let our customers configure, monitor, and operate the studio’s own tools and services from a phone or tablet.
- Ad-monetisation operations — configuration of ad mediation, waterfall, and bidding with the partners listed in our Privacy Policy.
- Customer support — email-based support for the Apps and the studio services.
We may add, modify, or discontinue features of the Services at any time. Material changes that affect paid features or remove core functionality will be announced in advance through the in-app notice and the changelog on klmofwy.com.
3. Accounts & Eligibility
Most of our Services are usable without an account. Where an account is required, you must provide accurate, current, and complete information, and keep it updated. You are responsible for safeguarding your sign-in credentials and for all activity that occurs under your account. Notify us immediately at gideot@theboartech.pics if you suspect any unauthorised access.
You must be at least the age of digital consent in your jurisdiction (typically 13 in the US and UK, 14 in Brazil, 16 in most of the EU) to create an account or to use features that collect personal data. Where the law provides a higher age threshold for specific features (for example, e-commerce purchases), the higher threshold applies.
4. License & Permitted Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of each App on a device that you own or control, solely for your personal, non-commercial purposes. The license is conditioned on your continued compliance with these Terms and with the App-store rules.
You may not sublicense, resell, lease, rent, or otherwise commercially exploit the Apps except as expressly permitted by the App-store rules. You may not reverse engineer, decompile, or disassemble the Apps except to the extent that such restriction is prohibited by applicable law.
5. User Obligations & Prohibited Conduct
You agree to use the Services only for lawful purposes and in a manner that respects the rights of others. Without limitation, you agree not to:
- Violate any applicable law, regulation, or third-party right.
- Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
- Attempt to gain unauthorised access to the Services, other accounts, or computer systems or networks connected to the Services.
- Use any robot, spider, scraper, or other automated means to access the Services or extract data, except as permitted by our
robots.txtor with our prior written consent. - Upload or transmit viruses, malware, or any code designed to harm the Services or other users.
- Use the Services to harass, threaten, defame, or defraud any person, or to promote hate speech or violence.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including the App-store DRM and our rate-limiting measures.
- Engage in ad-fraud, click-injection, click-flooding, install-farming, or any other activity that artificially inflates advertising revenue or attribution.
We may suspend or terminate your access if we reasonably believe you have engaged in any of the above.
6. Intellectual Property
6.1 Our content
All intellectual property in the Services — including source code, object code, artwork, characters, animations, music, sound effects, text, trademarks, logos, and documentation — is owned by K LmofWY or our licensors and is protected by copyright, trademark, design, and database laws worldwide. K LmofWY™ and our mascot, wordmark, and product names are our trademarks. No rights are granted to you except the limited license expressly set out in Section 4.
6.2 Third-party content
The Services may include third-party libraries, fonts, or media used under licence. Such material remains the property of its owner and is identified in the in-app credits and our open-source notice. Nothing in these Terms transfers any right in third-party content to you.
6.3 Feedback
If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that feedback into the Services without restriction or attribution.
7. User-Generated Content
Some of our Apps let you submit content, such as in-app messages, profile names, or support attachments (“User Content”). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to host, store, reproduce, modify (for technical reasons such as format conversion), and display your User Content solely to operate and improve the Services.
You represent and warrant that you own or have the necessary rights to submit the User Content, that it does not infringe any third-party right, and that it does not contain unlawful, defamatory, or harmful material. We may remove User Content that we reasonably believe breaches this section, with notice to you where practicable.
8. Subscriptions, Payments & Refunds
Premium features, in-app currency, and ad-free modes are offered as auto-renewing subscriptions, consumable in-app purchases, or non-consumable unlocks. Pricing and the billing period are presented on the App-store listing and inside the App before any charge is initiated.
8.1 Apple App Store
Subscriptions and in-app purchases made on iOS are processed by Apple. Your purchase is governed by the Apple Media Services Terms and Conditions. Renewal, cancellation, and refund requests must be directed to Apple through your Apple ID account settings or reportaproblem.apple.com. To the maximum extent permitted by law, the finality of App-store billing decisions rests with Apple.
8.2 Google Play
Subscriptions and in-app purchases made on Android are processed by Google. Your purchase is governed by the Google Play Terms of Service. Renewal and cancellation are managed through your Google Play account. You may request a refund from Google within 48 hours of the charge in line with Google’s refund policy; thereafter, the decision rests with Google.
8.3 Local consumer rights
Nothing in this section limits any mandatory right you have under local consumer law, including the right of withdrawal in the EU/UK within 14 days of purchase for digital content that has not been consumed. Where the law requires us to provide a refund directly, we will do so within the legally prescribed time.
8.4 Price changes
We may change subscription prices. Where we do, we will give you at least 30 days’ advance notice through the App and, where required, through the App store. Continued use after the effective date of the change constitutes acceptance. You may cancel before the change takes effect to avoid the new price.
9. Advertising
The free tier of our Apps is supported by advertising. We may display banner, interstitial, rewarded video, native, MREC, and App Open / Splash ads sourced from the partners listed in our Privacy Policy. The frequency, format, and personalisation of ads depend on the App, your region, and the consent choices you have made.
You may opt out of personalised advertising at the device level (iOS: Settings → Privacy & Security → Tracking; Android: Settings → Google → Ads → Opt out of Ads Personalization). Some Apps offer an in-app “Remove Ads” purchase that, once completed and verified by the App store, suppresses all advertising in that App for the duration of the entitlement.
You will not engage in ad-fraud, install-farming, click-injection, or any other activity that artificially inflates ad revenue. We may suspend accounts that we reasonably believe to be doing so.
10. Disclaimer — “As Is”
To the maximum extent permitted by law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranty of any kind. K LmofWY expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. You assume full responsibility for your use of the Services and for any content you upload or create through them.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted and the remaining warranties are limited to the minimum duration required by law.
11. Limitation of Liability & Indemnity
11.1 Limitation
To the maximum extent permitted by law, in no event will K LmofWY, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages.
In jurisdictions that allow a limitation of liability, our aggregate liability to you for all claims arising out of or related to the Services will not exceed the greater of (a) the amount you paid us for the relevant Service in the 12 months preceding the claim, or (b) USD $50. Because some jurisdictions do not allow the exclusion or limitation of certain damages, the above limitation may not apply to you; in such cases, the liability of K LmofWY will be limited to the maximum extent permitted by law.
11.2 Indemnity
You agree to defend, indemnify, and hold harmless K LmofWY and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Services in violation of any law or third-party right.
12. Termination
These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the Apps and ceasing to use the Services. We may terminate or suspend your access immediately, without prior notice, if (a) you breach any provision of these Terms, (b) we are required to do so by law or by the App stores, or (c) we elect to discontinue the relevant Service.
On termination, the licences granted to you will end, you must promptly uninstall the Apps, and the following sections will survive: Intellectual Property, User-Generated Content, Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, and Miscellaneous.
13. Dispute Resolution, Arbitration & Class-Action Waiver
13.1 Informal resolution
If you have a dispute with us, please first contact gideot@theboartech.pics and allow us 30 days to resolve the matter informally before commencing any formal proceeding.
13.2 Arbitration
For users located in the United States, any unresolved dispute (other than a qualifying small-claims action or an action to enforce intellectual-property rights) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in the English language by a single arbitrator. The award of the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class-action waiver
To the maximum extent permitted by law, you and K LmofWY agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable, then the entirety of this Section 13 (other than the informal-resolution clause) will be void.
13.4 EEA, UK, and other jurisdictions
If you are a consumer in the EEA, the UK, Canada, Australia, or Brazil, you may bring claims in the courts of your country of residence and may also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Nothing in this section removes the mandatory protection afforded to you by your local law.
13.5 Governing law
For users in the United States, these Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. For users outside the United States, these Terms are governed by the laws of the country in which the consumer resides, supplemented where mandatory by the law of the consumer’s habitual residence.
14. Export Control & Sanctions
You agree to comply with all applicable export-control, sanctions, and anti-boycott laws and regulations, including the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the sanctions programmes administered by the U.S. Office of Foreign Assets Control (OFAC), the EU sanctions regime, the UK Office of Financial Sanctions Implementation (OFSI), and equivalent rules in other jurisdictions. You represent and warrant that you are not located in, a resident of, or a national of any country or region that is the target of comprehensive sanctions, and that you are not on any restricted-party list.
15. Third-Party Beneficiaries
Apple, Google, and the providers of any SDK integrated into our Apps (as listed in our Privacy Policy) are express third-party beneficiaries of these Terms. Each such third-party beneficiary may enforce the provisions of these Terms that affect its SDK or platform against you directly. Other than the third-party beneficiaries named in this section, nothing in these Terms creates any third-party beneficiary rights.
16. Miscellaneous
16.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
16.2 Entire agreement
These Terms, together with our Privacy Policy and any written statement of work we sign with you, constitute the entire agreement between you and K LmofWY with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
16.3 No waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any of our affiliates, or in connection with a merger, acquisition, or sale of assets, without your consent.
16.5 Notices
We may provide notices to you through the App, the website, or by email to the address you provide. You may provide notices to us at gideot@theboartech.pics. Notices are deemed given on the next business day after sending.
16.6 Changes to these Terms
We may update these Terms from time to time. The “Last Updated” date at the top of this page reflects the most recent revision. For material changes — for example, a change to the dispute-resolution mechanism or to a fee — we will provide at least 30 days’ advance notice through the App or by email. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not accept the revised Terms, your sole remedy is to stop using the Services and to cancel any subscription before the change takes effect.
16.7 Force majeure
We will not be liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including internet or telecommunications outages, platform outages, war, civil unrest, pandemic, governmental action, or natural disaster.
17. Contact
If you have any questions about these Terms, please contact:
K LmofWY — Legal
Email: gideot@theboartech.pics
Website: klmofwy.com