Terms of Use

Agreement

These Terms of Use ("Terms") apply to the games and apps published by Tomato Factory, LLC, a Texas limited liability company ("Tomato Factory", "we", "us"), which we call our "apps", and to this website. By downloading or using our apps, you agree to these Terms. If you don't agree, please don't use them.

If you got an app from Apple's App Store, Apple's Licensed Application End User License Agreement also applies. If the two conflict, the Apple agreement controls for that app. The App Store terms section below sets out additional terms Apple requires.

If you're under the age of majority where you live, a parent or guardian should review these Terms with you.

Your license

We give you a personal, non-exclusive, non-transferable, revocable license to download and use our apps for your own non-commercial entertainment, on Apple devices you own or control, as allowed by the App Store usage rules.

You may not:

• Copy, modify, or distribute our apps, or make derivative works from them
• Reverse engineer, decompile, or try to extract source code, except where the law allows it
• Cheat, exploit bugs, or use bots or other software that interferes with how an app works
• Rent, sell, or sublicense an app
• Use an app for anything unlawful

Purchases and virtual items

Some apps may offer in-app purchases or items you unlock by playing or by watching an ad, such as costumes. Apple processes all payments, and Apple's terms and refund policy apply. Request refunds at reportaproblem.apple.com.

Virtual items have no cash value, can't be exchanged for money, and are licensed to you rather than sold. Because progress is stored on your device, deleting an app may remove items you've unlocked, except purchases that can be restored through the App Store.

Ads and third-party services

Some apps show ads provided by third parties, and some rely on services such as Game Center. We're not responsible for third-party content, products, or services, and your use of them is subject to their terms. Our Privacy Policy explains how data is handled.

Our content

Our apps, including their code, art, characters, music, and names, belong to Tomato Factory or our licensors and are protected by intellectual property laws. These Terms don't give you any rights to our trademarks or content other than the license above.

If you send us feedback or ideas, we may use them without owing you anything.

Updates and availability

We may update, change, or stop offering any app or feature at any time. Some updates may be required to keep playing. We'll try to give notice before retiring an app you've paid for, but we can't guarantee an app will stay available or work on every device or operating system version.

Disclaimers

Our apps are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't promise the apps will be error-free or uninterrupted, or that your progress will never be lost.

Limitation of liability

To the fullest extent the law allows, Tomato Factory won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data or profits, arising from your use of our apps. Our total liability for any claim relating to the apps is limited to the greater of the amount you paid for the app in question in the 12 months before the claim, or US $10.

Some places don't allow these limitations, so they may not apply to you. Nothing in these Terms limits rights you have as a consumer that can't be waived by contract.

Ending these Terms

These Terms apply until ended by you or us. You can end them by deleting our apps. Your rights end automatically if you break these Terms, and you must then stop using and delete the apps. Sections that by their nature should survive, such as disclaimers and limitations of liability, continue after termination.

Governing law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law rules. Disputes will be resolved in the state or federal courts located there, unless the law where you live gives you the right to bring claims in your local courts.

App Store terms

If you downloaded an app from Apple's App Store, you and Tomato Factory also agree to the following:

1. Parties. These Terms are between you and Tomato Factory, LLC only, not Apple. Tomato Factory, not Apple, is solely responsible for the app and its content.
2. Scope of license. Your license is limited to using the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. Tomato Factory is solely responsible for providing maintenance and support for the app, as described on our Support page. Apple has no obligation to provide any maintenance or support for the app.
4. Warranty. Tomato Factory is solely responsible for any product warranties not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Tomato Factory's responsibility.
5. Product claims. Tomato Factory, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
6. Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, Tomato Factory, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Contact. Questions, complaints, or claims about the app should be directed to Tomato Factory, LLC at support@tomatofactory.com, or by mail at 3478 Catclaw Dr #196, Abilene, TX 79606.
9. Third-party terms. You must comply with any applicable third-party terms, such as your wireless data service agreement, when using the app.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Changes to these Terms

We may update these Terms from time to time. We'll change the date at the top of this page when we do, and significant changes will be noted on our News page. If you keep using our apps after an update, you accept the new Terms.

Contact us

Questions about these Terms? Email support@tomatofactory.com.