Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Wizard Dynamics ("we," "us," or "our") concerning your access to and use of our mobile applications and services.

By downloading, installing, or using our applications, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our applications.

Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You use our applications at your own risk
• You are solely responsible for any decisions or actions you take based on app content
• AI and automated identifications can be wrong, incomplete, or misleading
• You will verify all information with qualified professionals before taking action
• You will not hold us liable for any harm resulting from app use

AI-Generated Content Disclaimer

Our apps use third-party AI services (primarily OpenAI) to provide features. You acknowledge that:

• Accuracy: AI-generated content may contain errors, inaccuracies, or outdated information
• Bias: AI systems may exhibit biases based on training data
• Hallucinations: AI may generate plausible-sounding but false information
• No Guarantee: We do not guarantee the accuracy, completeness, or reliability of AI outputs
• Your Responsibility: You must independently verify all AI-generated information

Age Restrictions and Content Ratings

Our apps have different age ratings:

• 4+/9+/12+ Apps: Suitable for the indicated age group
• 18+ Apps: Restricted to users 18 years or older

By using age-restricted apps, you represent that you meet the minimum age requirement. Apps with user-generated or AI-generated content implement age verification mechanisms to restrict access to content exceeding the app's base age rating.

Parents and guardians are responsible for monitoring minors' use of our apps and ensuring compliance with age restrictions.

License and Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install our applications on devices you own or control
• Use our applications for personal, non-commercial purposes
• Access and use the features and services provided within the applications

Restrictions

You agree not to:

• Copy, modify, or create derivative works of our applications
• Reverse engineer, decompile, or disassemble the applications
• Remove, alter, or obscure any proprietary notices
• Use the applications for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the applications
• Share your account credentials with others
• Use the applications to transmit viruses or malicious code
• Use another developer's icon, brand, or product name without approval

In-App Purchases and Subscriptions

Purchases

Many of our applications offer in-app purchases and subscription options to access premium features. All purchases are processed through the Apple App Store and are subject to Apple's terms and conditions.

Subscriptions

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage or cancel subscriptions through your Apple ID account settings
• No refunds will be provided for unused portions of a subscription period

Free Trials

Some subscriptions may offer free trial periods. If you do not cancel before the trial period ends, you will be charged the subscription fee. You must cancel at least 24 hours before the trial period ends to avoid being charged.

Pricing Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next subscription period following notice to you.

User Content

Some applications allow you to create, upload, or store content ("User Content"). You retain all rights to your User Content. By using our applications, you grant us a limited license to store and process your User Content solely for the purpose of providing our services.

You are solely responsible for your User Content and represent that you have all necessary rights to use and share it through our applications. You must not upload illegal, harmful, or infringing content.

Intellectual Property

Our applications, including all content, features, and functionality, are owned by Wizard Dynamics and are protected by international copyright, trademark, and other intellectual property laws.

The Wizard Dynamics name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wizard Dynamics. You must not use such marks without our prior written permission.

You cannot use another developer's icon, brand, or product name in your app's icon or name without approval from that developer (per Apple guideline 4.1(c)).

Disclaimers and Limitations of Liability

No Warranties

OUR APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• No warranty of accuracy, reliability, or completeness of information
• No warranty that AI identifications are correct
• No warranty of fitness for any particular purpose
• No warranty of merchantability
• No warranty that the applications will be uninterrupted, secure, or error-free
• No warranty that defects will be corrected
• No warranty that the applications are free of viruses or harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIZARD DYNAMICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• Death or personal injury resulting from app use or misidentification
• Illness, poisoning, or adverse health effects from consuming identified substances
• Property damage of any kind
• Financial losses from card value estimates or other app information
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from reliance on AI-generated content
• Damages from unauthorized access or data breaches
• Damages from third-party services or content

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Wizard Dynamics, its officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our applications
• Your reliance on AI-generated content or identifications
• Your violation of these Terms
• Your violation of any third-party rights
• Any harm you suffer from using our apps

Third-Party Services and Content

Our applications may integrate with third-party services (including OpenAI, Cloudflare, Apple services, and others). We are not responsible for:

• The accuracy, privacy practices, or content of third-party services
• Third-party service availability or reliability
• Any damages or losses caused by third-party services
• Third-party terms of service or privacy policies

Your use of third-party services is at your own risk and subject to their terms.

Software Not Embedded in Binary

Some apps may access software or content not embedded in the app binary (e.g., through APIs or web services). Such apps:

• Do not extend or expose native platform APIs to external software without Apple's permission
• Implement age verification for content exceeding the app's age rating
• Comply with Apple App Review Guideline 4.7

Termination

We reserve the right to terminate or suspend your access to our applications at any time, without notice, for conduct that we believe:

• Violates these Terms or our policies
• Is harmful to other users, us, or third parties
• Violates applicable law
• Involves fraudulent or illegal activity

Upon termination, your right to use the applications will immediately cease. Termination does not entitle you to a refund of any purchases or subscription fees. Sections of these Terms that by their nature should survive termination will survive.

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our applications shall be resolved through binding arbitration in Austria, except where prohibited by law. You waive any right to a jury trial or to participate in a class action.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, through in-app notifications. Your continued use of our applications after changes become effective constitutes acceptance of the revised Terms.

Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wizard Dynamics regarding our applications and supersede all prior agreements and understandings.