These Terms are a binding agreement between you and us. They include:
If you do not agree to these Terms, do not download, install, or use the App.
Ball Jump Fest (the "App", or the "Game") is a mobile arcade game for Apple iOS and iPadOS devices, published by:
Amais Sheikh, an individual developer
Pakistan
Contact: sheikhamais@gmail.com
In these Terms, "we", "us", and "our" mean that party. "You" and "your" mean the person using the App.
These Terms and Conditions (the "Terms") govern your download, installation, access to, and use of the App, all content and features within it, any virtual items you unlock or buy, and the web pages we publish for it at https://sheikhamais.github.io/balljumpfest/privacy/ and https://sheikhamais.github.io/balljumpfest/terms/ (together, the "Service").
Our Privacy Policy, available at https://sheikhamais.github.io/balljumpfest/privacy/, is incorporated into these Terms by reference and forms part of them.
By downloading, installing, accessing, or using the App, you confirm that:
If you do not agree, your only remedy is to stop using the App and delete it from your device.
3.1 Minimum age. You must be at least 13 years old to use the App. If you live in the EEA, the United Kingdom, or another jurisdiction where the age of digital consent is higher than 13, you must be at least that age, which may be 14, 15, or 16 depending on your country.
3.2 Minors. If you are under the age of majority in your country, or under the age of digital consent where that is higher, you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App and for any charges you incur.
3.3 Parents and guardians. If you permit a minor to use your device, you are responsible for their use of the App and for any in-app purchases made from the Apple Account signed in on that device. Apple provides parental controls — including Ask to Buy, Screen Time, and content and privacy restrictions — which we strongly recommend you configure. We are not able to reverse a purchase; refund requests go to Apple (Section 8).
3.4 Sanctions and restricted persons. You may not use the App if you are located in, under the control of, or a national or resident of any country subject to a comprehensive embargo administered by the United States, the European Union, or the United Kingdom, or if you appear on any restricted-party list maintained by those authorities. See Section 21.
4.1 What we grant. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use one copy of the App on an Apple-branded device that you own or control, for your personal, non-commercial entertainment only, as permitted by the Apple Media Services Terms and the Usage Rules in them.
4.2 What you get. This is a licence, not a sale. You acquire no ownership interest in the App, in any virtual item, or in any part of the Service. All rights not expressly granted are reserved.
4.3 Updates. We may issue updates, patches, and new versions. Some may be required for the App to keep working. Updates are governed by these Terms unless they come with their own terms, which will then prevail for that update.
You agree that you will not, and will not attempt to, and will not permit anyone else to:
We reserve the right to investigate and take appropriate action, including terminating your licence under Section 19, against anyone who breaches this Section.
6.1 Gameplay. The App is a single-player arcade game in which you steer a ball by tilting your device, jump between platforms, and score points by landing on new platforms. Falling to the bottom of the screen ends the run. There is no multiplayer mode, no chat, no leaderboard shared between players, and no user-generated content.
6.2 Your score and settings are stored on your device. Your high score, chosen theme, chosen ball and background, unlocked items, and sound, haptics, and auto-jump settings are saved locally on your device only. This means:
Please treat your high score as ephemeral. We accept no liability for its loss.
6.3 Virtual items. The App offers cosmetic virtual items — visual themes affecting the appearance of the ball, the platforms, and the background. Some are included free; others may be unlocked by purchase.
You agree that virtual items:
6.4 Changes to items and availability. We may add, change, or discontinue virtual items and features. Where we remove or materially degrade an item you paid for, and this is not required by law, a third-party rights claim, a security issue, or a technical necessity, we will, at our option and where the law requires it, provide a comparable replacement item or a pro-rata refund of the price you paid for it. This does not affect your statutory rights, including your rights in relation to the conformity of digital content under Directive (EU) 2019/770 and its national implementations, or under equivalent consumer law elsewhere.
6.5 Ending the Service. If we permanently discontinue the App altogether, we will give at least 30 days' notice where reasonably practicable, by an in-app notice or at https://sheikhamais.github.io/balljumpfest/terms/, and will comply with any refund obligations that consumer law imposes.
7.1 Optional. The App can be played without spending money. Purchases are entirely optional and unlock cosmetic content only. No purchase confers a gameplay advantage.
7.2 Apple is the seller of record. All in-app purchases are processed by Apple through the App Store, charged to the Apple Account signed in on your device, and governed by the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) in addition to these Terms. We do not process payments and never see your payment details. We use RevenueCat to verify and keep track of your purchase entitlements; RevenueCat does not process payments either and never receives your payment details — see the Privacy Policy.
7.3 Prices, currency, and tax. Prices are shown in the App before you confirm, in your local currency where Apple supports it, and include applicable taxes where Apple is required to collect them. Prices may change at any time; the price shown at the moment you confirm is the price you pay. Currency conversion and any foreign-transaction fees charged by your bank or card issuer are your responsibility.
7.4 One-time purchases only. Purchases in the App are one-time. There is no subscription, no recurring charge, and no auto-renewal. If we ever introduce a subscription, we will disclose the price, billing period, renewal terms, and cancellation method clearly before purchase, and will comply with applicable auto-renewal laws, including the California Automatic Renewal Law and the EU consumer acquis.
7.5 Delivery. Purchased content is delivered immediately, by unlocking within the App, once Apple confirms the transaction.
7.6 Unauthorised purchases. If a purchase is made from your Apple Account without your authorisation, contact Apple — they hold the transaction and are the only party able to reverse it. See Section 8.
8.1 Refunds are handled by Apple. Because Apple is the seller of record, we cannot issue refunds, and we cannot reverse or cancel a transaction. All refund requests must go to Apple:
Apple applies its own refund policy and decides each request at its discretion. If Apple refunds a purchase, we may revoke the corresponding virtual item.
8.2 Consumers in the EEA and the United Kingdom — right of withdrawal. As a consumer you normally have a 14-day right of withdrawal for distance contracts, under Directive 2011/83/EU on consumer rights and its national implementations, and under the Consumer Contracts Regulations 2013 in the UK.
For digital content supplied immediately, that right is lost once supply has begun, provided that you gave your prior express consent to immediate supply and acknowledged that you would lose the right of withdrawal. By confirming an in-app purchase and receiving the item immediately, you give that consent and that acknowledgement.
Where the right of withdrawal has not been lost, exercise it through Apple, which manages the sale, or write to us at sheikhamais@gmail.com and we will assist you in doing so.
8.3 Statutory conformity rights are unaffected. Nothing in this Section limits your rights where digital content is faulty, not as described, or not of satisfactory quality — including under Directive (EU) 2019/770, the Consumer Rights Act 2015 in the UK, the Australian Consumer Law, or equivalent legislation. Those rights exist independently of any refund policy, including Apple's.
8.4 No refund for lost local data. Because your high score and settings are stored only on your device (Section 6.2), their loss is not a defect in the App and is not a ground for a refund.
The App provides a Restore Purchases function, which asks Apple which of our products the Apple Account on your device has already bought, and re-enables them.
Please note:
10.1 Current position. The App includes Google's Mobile Ads SDK and offers an optional rewarded advertisement — the choice to watch a short video, from the WATCH AD button on the game-over screen, in exchange for continuing a game run.
10.2 If this changes. If we introduce personalised or behaviourally targeted advertising, or a different advertising provider, we will update this Section and the Privacy Policy, obtain any additional consent the GDPR and ePrivacy rules require, present the App Tracking Transparency prompt where Apple requires it, and provide a US opt-out where state law requires it — all before the change takes effect.
11.1 Our rights. The App and everything in it — including its source code, artwork, ball and platform designs, backgrounds, user-interface design, animations, sound effects, music, the names "Ball Jump Fest" and "Bar Jump", and all associated logos and wordmarks — are owned by us or our licensors, and are protected by copyright, trademark, and other intellectual property laws worldwide.
11.2 No implied rights. Nothing in these Terms transfers any intellectual property right to you, or grants any right to use our trademarks or trade dress without our prior written permission.
11.3 Your feedback. If you send us feedback, bug reports, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, modify, and exploit it for any purpose, without obligation, attribution, or compensation to you. You confirm you have the right to give us that feedback. This does not affect any privacy right you have in personal data contained in your message. Please do not send us confidential information or ideas you are unwilling to license on these terms.
11.4 Screenshots and video. You may capture and share screenshots and gameplay video of the App for personal, non-commercial purposes, including on social media and video platforms, and you may monetise such video through a platform's standard creator-monetisation programme. You may not claim the underlying content as your own, and you must not present your video as an official product of ours. We may revoke this permission at any time.
11.5 Copyright complaints. If you believe content in the App infringes your copyright, write to sheikhamais@gmail.com with: identification of the work; identification of the material complained of; your contact details; a statement of good-faith belief that the use is unauthorised; a statement that your notice is accurate and, under penalty of perjury, that you are authorised to act; and your signature. This is the notice procedure under 17 U.S.C. § 512(c)(3). We will respond promptly and, where appropriate, remove the material.
The App and the Service interact with services we do not control:
We are not responsible for third-party services, their availability, their content, or their terms and policies. Your use of them is governed by their own agreements, and you should read them.
We do not guarantee that the App will always be available, uninterrupted, error-free, or compatible with every device, iOS version, or configuration. The App requires a device meeting the minimum iOS version stated on the App Store product page.
We may suspend, withdraw, or restrict all or part of the App for business or operational reasons, including maintenance, updates, security, or legal compliance, and will give notice where reasonably practicable.
Please read this section. It matters more than most of this document.
14.1 Photosensitive seizures. A very small percentage of people may experience seizures when exposed to certain flashing lights, patterns, or images, including while playing video games. This can happen to people with no history of seizures or epilepsy. Stop playing immediately and consult a doctor if you or anyone playing experiences dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, involuntary movement, or convulsions. Reduce risk by playing in a well-lit room, at a comfortable distance from the screen, and taking regular breaks.
14.2 Repetitive strain and fatigue. Prolonged play can cause discomfort in the hands, wrists, arms, neck, or eyes. Take a break of 10 to 15 minutes every hour. If you experience persistent pain, numbness, tingling, or stiffness, stop and consult a health professional.
14.3 Motion controls — be aware of your surroundings. The App is controlled by tilting your device, which means you will be moving while you play.
14.4 Sound and hearing. Prolonged listening at high volume can damage your hearing. Keep the volume at a moderate level. Game audio can be turned off at any time using the sound toggle on the home screen or in-game.
14.5 Haptics. The App uses haptic feedback. If you find vibration uncomfortable, or you have a medical device that may be affected, turn haptics off using the haptics toggle. Consult your doctor if you are unsure.
14.6 General. If you have a heart condition, a history of seizures, or any other medical condition that may be affected by playing video games, consult a doctor before playing. Supervise children's play and enforce sensible time limits.
You use the App voluntarily and at your own risk. You are responsible for your physical surroundings while playing, for the security and condition of your device, and for the consequences of ignoring the warnings in Section 14.
16.1 To the maximum extent permitted by applicable law, the App and the Service are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind.
16.2 We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranty arising from course of dealing, usage, or trade practice.
16.3 We do not warrant that the App will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that it is free of viruses or other harmful components, or that any result obtained from it will be accurate or reliable. No advice or information, oral or written, obtained from us creates any warranty not expressly stated here.
16.4 Consumer carve-out. Some jurisdictions do not allow the exclusion of implied warranties or of certain statutory guarantees, so some or all of the above may not apply to you. In particular:
17.1 To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, high scores, virtual items, or other intangible losses, arising out of or relating to these Terms or your use of, or inability to use, the App — whether based in contract, tort (including negligence), strict liability, or any other theory, and even if we have been advised of the possibility of such damages.
17.2 To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the App will not exceed the greater of: (a) the total amount you actually paid to Apple for in-app purchases in the App in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) twenty-five US dollars (USD 25.00).
17.3 These limitations apply even if a limited remedy fails of its essential purpose, and they form a fundamental basis of the bargain between us: we could not provide the App on these terms without them.
17.4 What we never exclude. Nothing in these Terms excludes or limits our liability for:
17.5 Consumer carve-out. If you are a consumer, and in particular a consumer in the EEA or the United Kingdom:
To the extent permitted by applicable law, and except where you are a consumer and mandatory consumer law provides otherwise, you agree to indemnify, defend, and hold harmless us, our officers, employees, contractors, and licensors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or relating to:
We will notify you of any such claim and may, at our own expense, assume the exclusive defence and control of it, in which case you agree to cooperate.
19.1 By you. You may terminate these Terms at any time by deleting the App from all your devices and ceasing to use it. Deleting the App erases your locally stored data, including your high score.
19.2 By us. We may suspend or terminate your licence, with or without notice, if you materially breach these Terms — in particular Section 5 — or if we are required to do so by law. Where practicable and proportionate, and where you are a consumer, we will give notice and an opportunity to remedy a breach that can be remedied.
19.3 Effect. On termination, your licence ends immediately and you must stop using and delete the App. Termination for your breach does not entitle you to a refund of amounts already paid, except where consumer law requires one. Sections 6.3, 11, 16, 17, 18, 20, 21, and 22 survive termination.
20.1 Talk to us first. Before starting any formal proceeding, please email sheikhamais@gmail.com with a description of the problem and what you would like us to do. Most issues can be resolved this way, and we will engage in good faith for 30 days. This step is encouraged, not a precondition to your statutory rights.
20.2 Governing law. These Terms and any dispute arising out of them are governed by the laws of Pakistan, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. This is subject to Section 20.5.
20.3 United States users — arbitration and class-action waiver.
PLEASE READ THIS SUBSECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
If you are a resident of the United States, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as stated below.
20.4 Users outside the United States. Where Section 20.3 does not apply, disputes will be subject to the exclusive jurisdiction of the courts of Pakistan, subject to Section 20.5.
20.5 Consumers — mandatory protection.
If you are a consumer, nothing in Sections 20.2, 20.3, or 20.4 deprives you of the protection of the mandatory rules of the law of the country where you habitually reside, as guaranteed by Article 6 of Regulation (EC) No 593/2008 (Rome I) and equivalent provisions elsewhere.
In particular, consumers resident in the EEA or the United Kingdom:
20.6 Time limit. To the extent permitted by law, and except for consumers where a longer statutory period applies, any claim must be brought within one (1) year after it arises, or it is permanently barred.
You represent and warrant that you are not located in, and are not a national or resident of, any country subject to a comprehensive embargo administered by the US Government, the European Union, or the United Kingdom, and that you do not appear on any list of restricted or prohibited parties maintained by those authorities, including the US Treasury Department's Specially Designated Nationals and Blocked Persons List and the US Commerce Department's Denied Persons and Entity Lists.
You agree to comply with all applicable export control and sanctions laws, and not to export, re-export, or transfer the App in violation of them.
These Terms are between you and us, not with Apple, and we alone are responsible for the App. The following apply to the extent required by Apple, and are in addition to the rest of these Terms. Where they conflict with other provisions, this Section prevails as to your relationship with Apple.
For support, questions, bug reports, or complaints, email sheikhamais@gmail.com. We aim to acknowledge within 5 business days. We provide support on a reasonable-efforts basis and do not guarantee a resolution or a specific response time. Support is provided in English.
We may amend these Terms to reflect changes to the App, to our business, or to the law.
25.1 Entire agreement. These Terms, together with the Privacy Policy and the Apple Media Services Terms, are the entire agreement between you and us about the App, and supersede all prior understandings. This does not limit liability for fraudulent misrepresentation.
25.2 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will continue in full force.
25.3 No waiver. Our failure or delay in enforcing any provision is not a waiver of it. A waiver is effective only if in writing.
25.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not materially prejudiced.
25.5 Force majeure. We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, epidemic, labour dispute, governmental action, power or internet failure, or failure of a third-party service provider.
25.6 No third-party rights. Except for Apple under Section 22.9, and except for our officers, employees, contractors, and licensors under Sections 17 and 18, no person other than you and us has any right to enforce these Terms, and the Contracts (Rights of Third Parties) Act 1999 does not apply save as stated.
25.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
25.8 Headings. Headings are for convenience only and do not affect interpretation.
25.9 Language. These Terms are drafted in English. If we provide a translation, the English version prevails in the event of any conflict, except where mandatory consumer law in your country requires otherwise.
25.10 Notices. We may give notice by in-app message or by posting at https://sheikhamais.github.io/balljumpfest/terms/. You may give notice to us at sheikhamais@gmail.com.
Amais Sheikh
Pakistan
Email: sheikhamais@gmail.com
Related document: Privacy Policy