Terms of Use

• 1. Acceptance of these Terms
• 2. Eligibility
• 3. Limited license
• 4. Virtual items
• 5. Purchases, Remove Ads and refunds
• 6. Advertising and rewarded ads
• 7. Third-party services
• 8. Acceptable use
• 9. Changes, availability and termination
• 10. Your progress and data
• 11. Health and safety
• 12. Disclaimer of warranties
• 13. Limitation of liability
• 14. Indemnification
• 15. Apple App Store terms
• 16. Google Play terms
• 17. Governing law and disputes
• 18. Your statutory rights
• 19. Changes to these Terms
• 20. General provisions
• 21. Contact

1. Acceptance of these Terms

These Terms of Use (“Terms”) govern your access to and use of the Gem Block Sudoku mobile application (shown on your home screen as “Gem Block”), on every platform where it is offered, including its content, features, updates and related services, and its web pages at mjabbari.com/gemblockpuzzle (together, the “App”). The App is published by its developer (“we”, “us”, “our”). By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not download, access or use the App.

If you obtained the App from the Apple App Store, these Terms are the end user license agreement for the App and include the terms in section 15. To the extent these Terms do not address a matter, Apple’s Licensed Application End User License Agreement applies. Where these Terms and that agreement conflict, these Terms prevail to the extent permitted by Apple’s rules and by law.

2. Eligibility

To the maximum extent permitted by law, you may use the App only if you can form a binding agreement under applicable law. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App, including any purchases made on your device or account. The App is a general-audience game and is not directed at children under 13.

3. Limited license

Subject to your compliance with these Terms, and to the maximum extent permitted by law, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App on devices that you own or control, as permitted by the usage rules of the store from which you obtained it (including the Apple App Store and Google Play), solely for your personal, non-commercial entertainment. All rights not expressly granted are reserved. The App is licensed, not sold. The App, including its software, puzzles, game modes, block themes, artwork, logos, names, sounds, music, text and all other content, and all intellectual property rights in it, are and remain the property of their respective owners and licensors.

4. Virtual items

The App may include virtual currency and items such as gems, block themes, rescues, daily rewards, streaks, scores, best scores, unfinished games and other progress (“Virtual Items”), whether earned in play, received as rewards or obtained through a purchase. To the maximum extent permitted by law, Virtual Items:

• are licensed to you for use within the App only, and you acquire no ownership or other property right in them;
• have no monetary or real-world value and cannot be redeemed, refunded, exchanged, sold or transferred for money, goods or anything of value, inside or outside the App;
• may be modified, rebalanced, limited, repriced, renamed or removed at any time, with or without notice, without any liability to you; and
• are forfeited without compensation if the App is discontinued, if your data is lost, reset or deleted, or if these Terms or your license end.

5. Purchases, Remove Ads and refunds

The App offers optional in-app purchases, including a one-time, non-consumable Remove Ads purchase and consumable gem packs in several sizes. All purchases are sold and processed by the store from which you obtained the App: Apple through the App Store, or Google through Google Play, under that store’s terms. We do not process payments and do not receive your payment details. Prices are shown in the store before you buy, may include or exclude taxes as the store decides, and may change at any time. We may correct any error in a price, description or delivery.

Remove Ads removes banner and full-screen (interstitial) ads only. It does not remove optional rewarded ads, which you can still choose to watch for rewards. Remove Ads does not change the App’s gameplay, does not include gems, and does not guarantee that no third-party content will ever appear in the App.

Gem packs are consumable. Gems are credited to the device on which they were bought and are used up when spent. To the maximum extent permitted by law, consumable purchases cannot be restored, transferred to another device or recovered if your data is lost.

To the maximum extent permitted by law, all purchases are final. Any refund request must be made to the store: to Apple at reportaproblem.apple.com, or to Google under the Google Play refund policies. Refunds are at that store’s sole discretion. We are not obliged to provide refunds, credits or replacements for any purchase, Virtual Item or lost progress. Non-consumable purchases such as Remove Ads can be restored using the restore option in the App while signed in with the same Apple Account or Google account used to buy them; to the maximum extent permitted by law, we are not liable if a purchase cannot be restored. If a purchase is refunded or reversed, we may remove the related Virtual Items or benefits.

6. Advertising and rewarded ads

The App is free and displays advertising served by Google AdMob, including banner ads, full-screen ads between games and optional rewarded ads. To the maximum extent permitted by law, we do not control, endorse or assume any responsibility for any advertisement, advertiser, linked website, app, product, offer or content, or for its accuracy, legality, safety or availability. Any dealings between you and an advertiser are solely between you and that advertiser. Rewarded ads are optional; rewards (such as a rescue or free gems) depend on an ad being available and fully watched, ads may not be available in every region or at every time, and to the maximum extent permitted by law we are not liable if an ad or reward is unavailable, fails, is interrupted or is not credited. Ads may be personalised or not, depending on your consent and device settings, as described in the Privacy Policy.

7. Third-party services

The App relies on third-party services, including Apple (App Store, StoreKit), Google (Google Play, Google Play Billing, AdMob and the User Messaging Platform) and Unity Technologies (the Unity engine, Unity In-App Purchasing and Unity Gaming Services). These services are provided by independent third parties under their own terms and policies, and your use of them may be subject to those terms. To the maximum extent permitted by law, we are not responsible or liable for any third-party service, including its availability, performance, security, data practices, errors, outages, changes or discontinuation, or for any loss resulting from it.

8. Acceptable use

You agree not to: copy, modify, translate, distribute, sell, rent, lease or sublicense any part of the App; reverse engineer, decompile, disassemble or attempt to extract its source code or assets, except to the extent the law expressly allows despite this restriction; use cheats, bots, exploits, automation, modified clients or unauthorised software; change your device’s date or time, or tamper with saved data, to obtain rewards, gems or other advantages; interfere with or circumvent ads, purchases, the App’s security or its consent mechanisms; or use the App for any unlawful, harmful or fraudulent purpose. To the maximum extent permitted by law, we may, without notice or liability, reset, remove or void any progress, scores, rewards or Virtual Items obtained in breach of these Terms, and suspend or terminate your license.

9. Changes, availability and termination

To the maximum extent permitted by law, we may at any time, at our sole discretion and without liability, modify, update, suspend or discontinue the App or any feature, mode, content, ad, purchase option or Virtual Item, temporarily or permanently, with or without notice. We do not guarantee that the App or any feature, reward or purchase will be available at any time, in any location or on any device, that it will be supported on future operating-system versions, or that any update will be compatible with your device. Some features may require you to install an update.

These Terms remain in effect until terminated. To the maximum extent permitted by law, we may terminate or suspend your license at any time for any reason, including breach of these Terms. You may terminate these Terms at any time by deleting the App. On termination you must stop using the App, and any Virtual Items are forfeited. Sections 4, 5, 6, 7 and 10 to 21 survive termination.

10. Your progress and data

Your progress, gems, themes and settings are stored only on your device. The App has no accounts and we do not operate servers that store your progress, so we cannot view, back up, transfer or recover it. You are solely responsible for your device, your Apple Account or Google account and any device backups. To the maximum extent permitted by law, we are not liable for any loss, corruption or deletion of progress, scores, Virtual Items, purchases or data for any reason, including device loss, damage or reset, deleting the App or its data, changing devices, operating-system or App updates, data migration from earlier versions, bugs, or third-party service failures.

11. Health and safety

Take regular breaks and stop playing if you feel discomfort, eye strain, wrist or hand pain, dizziness or any other symptom. The App uses moving and flashing visual effects, sounds and vibration. A very small number of people may experience seizures when exposed to certain visual patterns or flashing lights; if you or anyone in your family has a history of epilepsy or seizures, consult a doctor before playing. Do not play while driving, walking in traffic or doing anything that requires your attention. To the maximum extent permitted by law, you use the App at your own risk and are responsible for using it safely and in appropriate surroundings.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, VIRTUAL ITEMS, PURCHASES, ADS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT IT IS FREE OF VIRUSES OR HARMFUL COMPONENTS, THAT ADS OR REWARDS WILL BE AVAILABLE, OR THAT ANY DATA, PROGRESS OR VIRTUAL ITEMS WILL BE PRESERVED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS OR CONTRIBUTORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROGRESS, VIRTUAL ITEMS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, OR FOR DEVICE DAMAGE, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE APP, THESE TERMS, ANY PURCHASE, ANY ADVERTISEMENT OR ANY THIRD-PARTY SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR IN-APP PURCHASES IN THE APP DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) TEN US DOLLARS (USD 10). THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, such as liability for death or personal injury caused by negligence, or for fraud or wilful misconduct. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by law, and nothing in these Terms limits any liability that cannot lawfully be limited.

14. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us and our affiliates, licensors and service providers from and against any claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your use or misuse of the App, your breach of these Terms, or your violation of any law or of the rights of any third party. We may assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with that defence.

15. Apple App Store terms

If you obtained the App from the Apple App Store, the following terms apply in addition to the rest of these Terms, to the maximum extent permitted by law:

• Acknowledgement. These Terms are concluded between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content. These Terms do not provide usage rules that conflict with the Apple Media Services Terms and Conditions.
• Scope of license. Your license is limited to a non-transferable license to use the App on any Apple-branded products that 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 and used by other accounts associated with you through Family Sharing or volume purchasing where supported.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the App, only as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever 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 our sole responsibility, to the extent not effectively disclaimed and subject to the limitations in these Terms.
• Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.
• Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• 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.
• Developer contact. Questions, complaints or claims about the App must be directed to the developer at apps.jabbari@gmail.com. The developer’s seller name is shown on the App’s App Store product page.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example your wireless data service agreement.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Google Play terms

If you obtained the App from Google Play, you also agree to the Google Play Terms of Service, which govern your use of Google Play. These Terms are between you and us only, not with Google LLC or its affiliates (“Google”). To the maximum extent permitted by law, Google is not responsible for the App or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claim relating to it. If these Terms conflict with the Google Play Terms of Service in respect of your use of Google Play, the Google Play Terms of Service prevail for that conflict only.

17. Governing law and disputes

Governing law and courts. To the maximum extent permitted by law, these Terms and any dispute or claim arising out of or relating to them, the App or any purchase (including non-contractual disputes) are governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, without regard to conflict-of-law rules. The courts of Dubai, United Arab Emirates, have exclusive jurisdiction, and you irrevocably submit to that jurisdiction, except where mandatory consumer protection law of your country of residence gives you the right to bring proceedings in, or under the law of, that country.

Informal resolution. Before starting any proceedings, you agree to first contact us at apps.jabbari@gmail.com, describe the dispute and allow at least 30 days to try to resolve it informally.

Class-action waiver. To the maximum extent permitted by law, any claim must be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative action, and no court may consolidate claims of more than one person or preside over any form of representative proceeding. Where permitted by law, you also waive any right to a jury trial.

Time limit. To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the App or these Terms must be filed within one (1) year after it arose, or it is permanently barred.

18. Your statutory rights

Nothing in these Terms excludes or limits any right or remedy that you have as a consumer under the mandatory law of your country of residence and that cannot be excluded or limited by agreement, including statutory rights in the European Union, the United Kingdom and US states. Where any provision of these Terms is not permitted by that law, it applies only to the maximum extent permitted. If you are a consumer in the European Union or the United Kingdom, by asking for digital content (such as gems or Remove Ads) to be supplied immediately after purchase, you agree to immediate supply and acknowledge that, to the extent permitted by law, you lose your right of withdrawal once supply has begun. This does not affect any refund right offered by Apple or Google.

19. Changes to these Terms

We may update these Terms from time to time, for example when the App, its features or the law change. The updated version takes effect when published on this page, with the date shown at the top. To the maximum extent permitted by law, your continued use of the App after an update means you accept the updated Terms. If you do not agree, you must stop using the App and delete it.

20. General provisions

To the maximum extent permitted by law: these Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App and supersede any earlier terms; if any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force; our failure to enforce any right is not a waiver of that right; we may assign or transfer these Terms without restriction, but you may not assign them without our prior written consent; we are not liable for any delay or failure caused by events beyond our reasonable control, including outages of Apple, Google, Unity, advertising or internet services; if you send us ideas or feedback, we may use them freely without any obligation to you; if these Terms are translated, the English version prevails; and headings are for convenience only. Nothing in these Terms creates any partnership, agency or employment relationship, and, except for Apple and its subsidiaries as stated in section 15, no third party has any right to enforce these Terms.

21. Contact

Questions about these Terms can be sent to apps.jabbari@gmail.com. To the maximum extent permitted by law, contacting us does not create any obligation beyond those stated in these Terms.