Terms of Service

Who we are & what this covers

These Terms of Service ("Terms") are a contract between you and Velcairn Studios LLC, a single‑member limited liability company organized in Illinois, USA, with its place of business in Chicago, Illinois ("Velcairn," "we," "us," "our"). They govern your use of:

• every iOS application Velcairn publishes on the Apple App Store (the "Apps"); and
• the Velcairn website at velcairn.com and any subdomain we operate (the "Site").

Together we call the Apps and Site the "Services." Our Privacy Policy is incorporated into these Terms by reference.

Acceptance

By downloading, installing, opening, or otherwise using any of the Services, you agree to these Terms. If you do not agree, do not use the Services and delete any Apps you have installed.

You must be at least 13 years old to use the Services on your own. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

The App Store rules also apply

If you obtained an App from the Apple App Store, your use is also governed by Apple's Licensed Application End User License Agreement ("Apple EULA"). Where these Terms and the Apple EULA conflict on a topic the Apple EULA covers, the Apple EULA controls. You can read the Apple EULA at apple.com/legal/internet‑services/itunes/dev/stdeula.

You acknowledge that these Terms are between you and Velcairn — not Apple — and that Apple is not responsible for the Apps or their content. Apple has no obligation to provide maintenance or support, and is not responsible for product warranty claims, product liability claims, third‑party intellectual‑property infringement claims, or consumer‑protection compliance — those obligations are Velcairn's. Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them against you.

Your license to use the Services

Subject to your compliance with these Terms, Velcairn grants you a personal, limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to:

• install and run each App on an Apple‑branded device that you own or control, as permitted by the Apple Usage Rules in the Apple EULA; and
• access and view the Site for personal, non‑commercial purposes.

This is a license, not a sale. Velcairn (and its licensors) retain all right, title, and interest in and to the Services and all underlying intellectual property.

What you agree not to do

You agree not to, and not to allow any third party to:

• copy, modify, adapt, translate, or create derivative works based on the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Apps, except where applicable law expressly prohibits this restriction;
• rent, lease, lend, sell, sublicense, redistribute, or commercially exploit the Services;
• remove, alter, or obscure any copyright, trademark, or other proprietary notice;
• use the Services to violate any law, infringe anyone's rights, harass any person, or interfere with the security or integrity of the Services;
• use any automated means (bots, scrapers, headless clients) to access the Services in a way that imposes an unreasonable load on our infrastructure; or
• cheat, exploit, or modify game state in a way intended to misrepresent leaderboard standings, achievements, or in‑app purchases.

Purchases, in‑app purchases & subscriptions

App purchases, in‑app purchases, and subscriptions (if any) are sold and processed by Apple under its standard payment terms. Velcairn does not see or store your payment information.

Subscriptions, if offered, auto‑renew under the terms presented inside the App and on the App Store at the time of purchase. You can manage or cancel them from your Apple ID account settings. Items sold within an App are licensed (not sold) for use within that App, are non‑transferable, and have no cash value.

Refund requests are handled by Apple. Velcairn cannot directly process refunds for App Store transactions; you may, however, write to info@velcairn.com if a purchase did not work as expected, and we will try to help where we can.

User‑generated content

Our current Apps do not include accounts, chat, or public posting features. If a future App lets you create, save, or share content (for example, a custom puzzle), and you choose to send any of that content to Velcairn, you grant Velcairn a worldwide, royalty‑free, non‑exclusive license to host, store, reproduce, modify, and display that content solely as needed to operate the feature you used. You keep ownership of what you make.

You are responsible for the content you create. Do not submit anything unlawful, infringing, or that you do not have the right to share.

Updates & changes

We update the Apps. Updates may add, change, or remove features. Apple and your device may install updates automatically based on your settings. Continued use of an updated App is acceptance of the updated version.

We may change, suspend, or discontinue any part of the Services at our discretion, including ending support for an older App version that is no longer compatible with current iOS. We will try to give reasonable notice for material discontinuations.

Intellectual property

The Velcairn name, the Velcairn mark, the names of our Apps (including, without limitation, Ninekeep, Glyphrail, and Gridlark), our characters, music, sound design, code, art, and visual identity are the property of Velcairn Studios LLC or its licensors. Nothing in these Terms grants you a license to use any Velcairn trademark.

If you believe content available through the Services infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to info@velcairn.com with the subject line "DMCA Notice." Velcairn's designated agent for copyright notices is the founder, John Casimiro, c/o Velcairn Studios LLC, Chicago, Illinois.

Privacy

Your use of the Services is also subject to our Privacy Policy, which describes what limited information we handle and what we do with it.

Disclaimer of warranties

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions cannot apply to you, the disclaimers above apply to the fullest extent permitted.

Limitation of liability

The limitations in this section apply regardless of the legal theory of the claim (contract, tort, statute, or otherwise) and survive any termination of these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless Velcairn from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of (a) your misuse of the Services, (b) your violation of these Terms, or (c) your violation of any law or third‑party right. Velcairn reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Termination

You may stop using the Services at any time by deleting the Apps and ceasing to visit the Site. Velcairn may suspend or terminate your license to use any App if you materially breach these Terms or if continued provision would expose Velcairn to legal risk. Sections that by their nature should survive termination — including IP ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.

Governing law & venue

These Terms are governed by the laws of the State of Illinois, USA, without regard to its conflict‑of‑laws rules. Subject to §16, you and Velcairn agree that the exclusive venue for any dispute arising out of or relating to these Terms or the Services shall be the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal dispute resolution

Before filing any formal claim, you agree to first try to resolve the dispute informally by emailing info@velcairn.com with a description of the issue and the relief you seek. You and Velcairn agree to try in good faith to resolve the dispute within thirty (30) days of that email before either party initiates litigation. This requirement does not prevent either party from seeking injunctive relief in court to protect intellectual property rights.

Apple‑specific terms

The following terms apply to any App that you download from the Apple App Store, and are required by Apple's developer agreements:

• Scope of License. The license granted in §4 is limited to a non‑transferable license to use the App on any Apple‑branded products that you own or control and as permitted by the Apple Usage Rules.
• Maintenance & Support. Velcairn is solely responsible for any maintenance and support of the App. Apple has no obligation to furnish maintenance or support services.
• Warranty. Velcairn is solely responsible for any product warranties (express or implied by law) to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. All other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform are Velcairn's responsibility.
• Product Claims. Velcairn, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product‑liability, consumer‑protection, and intellectual‑property claims.
• IP Claims. If a third party claims the App infringes that party's intellectual property rights, Velcairn (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or 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.
• Third‑Party Beneficiary. Apple and Apple's subsidiaries are third‑party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third‑party beneficiary.

Miscellaneous

Entire agreement. These Terms, the Privacy Policy, and (where applicable) the Apple EULA make up the entire agreement between you and Velcairn regarding the Services.

Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Velcairn's failure to enforce any provision is not a waiver of its right to do so later.

Assignment. You may not assign these Terms without our written consent. Velcairn may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

Changes. We may update these Terms from time to time. The "Effective" date above shows when the current version took effect. Material changes will be highlighted with reasonable notice before they take effect. Continued use after the effective date constitutes acceptance.

Notices. We may give notice through the Site, through an in‑App message, or by emailing the address you have provided. You may give notice to Velcairn by emailing info@velcairn.com.

Force majeure. Velcairn is not liable for any failure or delay in performance caused by events beyond its reasonable control.

Contact

Questions about these Terms:

Velcairn Studios LLC
Attn: Legal
Chicago, Illinois, USA
info@velcairn.com