Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and Joshua Kuttler, doing business as Kapp Studios ("Kapp Studios," "we," "us," or "our"), and govern your access to and use of the kappstudios.com website and every application, game, plugin, extension, and service we publish on any platform, marketplace, or distribution channel, including, without limitation, the Apple App Store, Google Play, the web, and any other app marketplace or distribution channel, whether existing now or created in the future, whether or not it offers account registration or email login (collectively, the "Services"). These are our single, unified terms: they apply to every Kapp Studios product on every platform, whether you access them at kappstudios.com/terms or kappstudios.com/termsofuse, and they cover any current or future Kapp Studios product that links to either address.

By downloading, installing, accessing, or using any of the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 9 years old to use the Services. If you are under 18 (or the age of majority where you live), you may use the Services 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 Services.

Users under 13 (or the minimum age of digital consent in their country) may not create an account, make purchases, or submit personal information without verifiable parental consent. Some products may set a higher minimum age, which will be shown in the product or its store listing. Parents and guardians are responsible for supervising minors' use of the Services and for any purchases made on their devices or accounts.

2. Accounts and Registration

Some products let you create an account, including by email login or third-party sign-in. When you create an account, you agree to:

• Provide accurate, current, and complete information, and keep it up to date;
• Keep your login credentials confidential and not share your account with others;
• Notify us promptly at josh@kappstudios.com of any unauthorized use of your account;
• Accept responsibility for activity that occurs under your account; and
• Not sell, transfer, or share your account or credentials.

We may require you to verify your email address before some features become available. We may suspend or close accounts that impersonate others, use another person's email address, violate these Terms, or have been inactive for an extended period. You may delete your account at any time as described in our Privacy Policy; deleting your account may permanently remove your saved content.

Electronic communications. By creating an account or providing your email address, you agree to receive electronic communications from us relating to your account and the Services, such as verification emails, password resets, security notices, and service updates, and you agree that notices we provide electronically satisfy any requirement that they be in writing. Any marketing email will include an unsubscribe option.

3. License to Use the Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use our products on devices you own or control, solely for your personal or internal use and in accordance with the rules of the platform from which you obtained the product. All rights not expressly granted are reserved by Kapp Studios.

4. Restrictions

You agree not to, and not to permit or help anyone else to:

• Copy, modify, distribute, sell, rent, lease, sublicense, or create derivative works of the Services;
• Reverse engineer, decompile, or disassemble the Services, or attempt to derive their source code, except to the extent expressly permitted by applicable law;
• Circumvent, disable, or interfere with security or anti-abuse features of the Services, including authentication, bot protection, or rate limits;
• Access the Services by automated means (such as bots or scrapers), or use them to build a competing product;
• Use cheats, exploits, hacks, or unauthorized third-party software to modify or interfere with the Services, including any multiplayer experience;
• Overburden, damage, or impair the Services, or interfere with anyone else's use of them;
• Use the Services for any unlawful, fraudulent, infringing, or harmful purpose; or
• Misrepresent your identity or affiliation, or harvest information about other users.

5. User Content

Some products allow you to create, upload, store, or share content, such as photos, messages, names, lists, scores, store or CRM data, or gameplay ("User Content"). You keep ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, display, and transmit your User Content solely as needed to operate, provide, back up, and improve the Services. This license ends when your User Content is deleted from the Services, subject to reasonable backup-retention periods.

You are responsible for your User Content and confirm that you have the rights needed to submit it. You agree not to create, upload, or share User Content that is unlawful, infringing, defamatory, obscene, pornographic, harassing, threatening, hateful, discriminatory, or deceptive, that contains malware, or that includes other people's personal information without their consent.

Information about other people. Some products let you enter information about other people, for example customers, contacts, or leads in a CRM or store dashboard. You confirm that you have the permissions and consents required by applicable law (including privacy and anti-spam laws) to enter and use that information, and you are responsible for your compliance with those laws.

Zero tolerance for objectionable content and abuse. In products with social, chat, or multiplayer features, we may filter, remove, or refuse any User Content, and we may suspend or ban users who behave abusively or submit objectionable content. To report objectionable content or abusive users, use the in-app reporting tools where available or email josh@kappstudios.com; we aim to review reports and take appropriate action within 24 hours.

6. In-App Purchases, Subscriptions, and Virtual Items

Some products offer optional in-app purchases, including subscriptions, one-time unlocks, and virtual items or currency. Purchases made in our apps are processed by the platform's billing system (for example, Apple or Google Play) and are subject to that platform's payment terms. We do not process or store your payment card details. Refund requests for these purchases are handled by the platform under its refund policy and applicable law.

Subscriptions renew automatically unless cancelled through your platform account settings at least 24 hours before the end of the current period. Deleting an app does not cancel a subscription.

Virtual items and in-game currency have no monetary value, cannot be exchanged for cash, are licensed (not sold) to you, and are not transferable. We may change or retire virtual items, features, or prices; where we discontinue a product that included paid content, we will give reasonable notice where practical.

7. Purchases Made Directly From Us

If we sell a product or service directly through our website rather than through an app store, the price, what is included, and the cancellation and refund terms will be shown to you before you pay. You may have cancellation rights under the Israeli Consumer Protection Law, 5741-1981, or the consumer laws of your country, and nothing in these Terms limits those rights.

8. Client Projects

Custom development, design, and consulting work we perform for clients (such as websites, apps, CRM systems, or online stores) is governed by a separate written agreement, proposal, or quote between us and the client. If that agreement conflicts with these Terms, the agreement controls for that project. These Terms govern your use of our own website and published products.

9. Intellectual Property

The Services, including all software, code, designs, graphics, logos, trademarks, icons, artwork, audio, text, and other content (other than User Content), are owned by Kapp Studios or its licensors and are protected by copyright, trademark, and other intellectual property laws. The Kapp Studios name, logo, and product names may not be used without our prior written permission. Nothing in these Terms transfers any ownership rights to you.

10. Feedback

If you send us ideas, suggestions, or feedback, you agree that we may use them without restriction or payment to you, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose.

11. Copyright Complaints

We respect intellectual property rights. If you believe content available through the Services infringes your copyright, email josh@kappstudios.com with: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement that you believe in good faith the use is not authorized; and (e) a statement that the information in your notice is accurate and that you are the owner or are authorized to act for the owner. We may remove content alleged to be infringing and may close the accounts of repeat infringers.

12. Third-Party Services

The Services rely on and may link to third-party platforms and services we do not control, including app stores, hosting and database providers, Google Firebase, Cloudflare, analytics and advertising providers, game engines, and partner websites, as described in our Privacy Policy. Your use of third-party services is governed by their own terms and privacy policies, and we are not responsible for their content, practices, or availability.

13. Platform-Specific Terms

The Services are distributed through third-party platforms. The terms of the platform you obtained a product from apply in addition to these Terms. These Terms are between you and Kapp Studios only; no platform operator is a party to them or responsible for the Services, except as stated below.

(a) Apple App Store.If you obtained an app from the Apple App Store: these Terms are between you and Kapp Studios only, not with Apple Inc. ("Apple"), and Apple is not responsible for the app or its content. Your license is limited to use of the app on Apple-branded devices you own or control, as permitted by the App Store Terms of Service. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or similar claims. If a third party claims that the app infringes its intellectual property rights, Kapp Studios, not Apple, is responsible for investigating, defending, settling, and discharging that claim. You represent 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 on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

(b) Google Play. If you obtained an app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms, has no obligation to provide maintenance or support for the app, and is not responsible for the app or any claims relating to it.

(c) Other platforms.If we distribute a product through any other platform, store, or marketplace (now existing or created in the future), that platform's terms apply in addition to these Terms, the platform operator is not a party to these Terms and is not responsible for the product, and, where required by the platform's developer agreement, the operator and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DATA OR CONTENT WILL NOT BE LOST.

In particular: (a) no product provides medical, psychological, financial, legal, educational, or other professional advice, and any such content is for general information and entertainment only; (b) business tools such as CRMs, dashboards, and store management features are aids to your own judgment, and you are responsible for checking the results; and (c) you are responsible for backing up your own data and content. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) KAPP STUDIOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR CONTENT, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF TWO HUNDRED ISRAELI NEW SHEKELS (₪200) OR THE AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

These limits do not apply to liability for fraud, intentional misconduct, or gross negligence, to death or personal injury caused by our negligence, or to any other liability that cannot be limited or excluded under applicable law. Liability for client projects is set out in the separate agreement for that project (see Section 8).

16. Indemnification

To the extent permitted by law, you agree to indemnify Kapp Studios against claims, damages, losses, and reasonable legal costs brought by third parties arising from: (a) your misuse of the Services; (b) your User Content, including information you enter about other people; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We will notify you of any such claim and give you a reasonable opportunity to participate in its defense.

17. Termination

These Terms remain in effect while you use the Services. We may suspend or end your access to any of the Services (including your account) if you breach these Terms or if required by law, and we may discontinue any Service, giving reasonable notice where practical. You may stop using the Services at any time by deleting our apps and, where applicable, your account. Sections that by their nature should survive termination (including Sections 5, 9, 10, 14, 15, 16, 19, and 21) will survive.

18. Changes to the Services and These Terms

The Services may change over time; features may be added, modified, or removed, and you may need to install updates to keep using a product. We may also update these Terms. When we do, we will revise the "Last updated" date at the top of this page, and for material changes we will provide additional notice where required (for example, an in-app notice). Your continued use of the Services after changes take effect means you accept the revised Terms. If you do not agree, stop using the Services.

19. Governing Law and Disputes

Informal resolution first. Before starting any legal proceeding, you agree to contact us at josh@kappstudios.com with a description of the dispute and give us 30 days to try to resolve it informally.

Governing law and courts. These Terms and any dispute arising out of them are governed by the laws of the State of Israel, without regard to conflict-of-laws rules. The competent courts of the Central District of Israel have exclusive jurisdiction over any such dispute, except that either party may bring a claim in small claims court where eligible.

Your local protections. If you are a consumer living outside Israel, nothing in these Terms deprives you of the mandatory protections of the laws of your country of residence, including any right to bring proceedings in your local courts.

20. Export and Sanctions

You may not use or export the Services in violation of applicable export control or sanctions laws. You represent that you are not located in an embargoed country and are not on any government list of prohibited or restricted parties.

21. General

• Entire agreement. These Terms, together with our Privacy Policy and any additional terms shown to you in a product, are the entire agreement between you and Kapp Studios regarding the Services.
• Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions stay in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a reorganization, merger, or sale of the business, including to a company we form to operate Kapp Studios.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, war, emergencies, or government action.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.

22. Contact Us

If you have any questions about these Terms, contact us and we will be happy to help.