Terms of Use

1. Accepting these terms

These terms apply to our mobile apps and to phoenixdawnstudios.com (together, the “Services”). By downloading, installing, or using the Services, you agree to these terms. If you don't agree, please don't use the Services.

2. Who can use our apps

Our apps include playful, mature-themed content and are made for adults. To use them, you must be at least 18 years old or the age of majority where you live, whichever is older, and able to agree to these terms. You may not use the Services where doing so would be against the law.

3. Your license to use our apps

As long as you follow these terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to download and use our apps on devices you own or control, for your own non-commercial entertainment. This license also covers any content you unlock in the apps.

You're getting a license to use the apps, not ownership of them or of anything inside them.

4. What we own

Phoenix Dawn Studios and our licensors own the Services and everything in them, including the characters, character names, artwork, animations, video clips, voices, voice lines, music, sound effects, text, software, logos, and branding. These are protected by copyright, trademark, and other laws. Except for the license above, we don't grant you any rights to them.

If you send us ideas or feedback, thank you! We may use them freely, without any obligation to you.

5. In-app purchases

• Sold through the app stores. Our apps may offer optional purchases, such as tickets for drawing new characters, or songs. These are sold and paid for through the Apple App Store or Google Play and are also subject to their terms and policies. We don't receive or store your payment card details.
• Digital items. Items you buy or unlock (like tickets, characters, and songs) are part of your license to use the app. They have no cash value, can't be exchanged for money, and can't be sold, traded, gifted, or transferred, except where the law requires otherwise or app-store features such as Family Sharing allow.
• Random draws. If an item gives you a randomly selected character or other reward, we'll show the odds, and the real-money price of each draw, in the app before you buy or spend it.
• Refunds. Refunds are handled by Apple or Google under their refund policies. See our Support page for links.
• Restoring purchases. You can restore eligible purchases on a new or reset device using the same Apple Account or Google account you bought them with.
• Changes. We may change prices or which items are offered from time to time. Tickets you buy don't expire. Retiring an item means we stop selling it; characters and songs you've already unlocked stay in your collection. Nothing here limits rights you have under app store policies or the law.

6. About alarms

We work hard to make our alarms ring on time, every time. But whether an alarm actually goes off depends on things outside our control, including your phone's settings and permissions, Focus or Do Not Disturb modes, battery and power-saving features, volume settings, operating system updates, device restarts, and hardware problems.

Because of this, we can't guarantee that an alarm will always ring. Please don't rely on our apps as your only alarm for anything important or safety-critical, such as medication, a flight, a work shift, or caring for someone. For those, use a backup alarm too. We also suggest testing a new alarm before you depend on it.

7. Acceptable use

When using the Services, please don't:

• copy, extract, record, share, sell, or redistribute our characters, art, video clips, voices, music, or other content, except for personal, non-commercial screenshots or short clips shared on social media, and sharing that the app's own features allow;
• use our content to train, fine-tune, or build artificial intelligence or machine-learning models, or to create imitations of our characters or voices;
• use the Services for any commercial purpose without our written permission;
• reverse engineer, decompile, modify, or tamper with our apps, except where the law specifically allows it;
• cheat, exploit bugs, or get around the purchase system, including by obtaining items without paying for them;
• interfere with, overload, scrape, or try to gain unauthorized access to the Services;
• pretend to be us or suggest that we endorse you; or
• use the Services in a way that breaks the law or harms others.

8. Fictional content

All characters in our apps are fictional and are depicted as adults. Any resemblance to real people is coincidental. Their dialogue is playful entertainment, not advice, and doesn't reflect the views of Phoenix Dawn Studios.

9. Privacy

We don't require accounts, and our apps keep your alarms and settings on your own device. Our Privacy Policy explains exactly what is and isn't collected and how it's handled.

10. Updates and availability

Subject to section 5, we may update, change, or stop offering any part of the Services, and some features may need the latest version of the app or a recent operating system. We aren't required to keep supporting older devices or app versions. We'll try to give reasonable notice of major changes when we can.

The Services may rely on third-party services such as Apple, Google, and payment or purchase-management providers. We aren't responsible for those services, and your use of them is governed by their own terms.

11. Ending your use

You can stop using the Services anytime by deleting the app. If you seriously or repeatedly break these terms, your license ends and we may take reasonable steps to stop your use of the Services. Sections that by their nature should continue (such as ownership, disclaimers, limitation of liability, and governing law) still apply after that.

12. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free, or always on time. Some places don't allow certain warranties to be excluded, so some of these exclusions may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law:

• Phoenix Dawn Studios and its owners, employees, and contractors won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or missed appointments, events, or obligations (including because an alarm didn't ring), even if we were told they were possible.
• Our total liability for any claim relating to the Services is limited to the greater of the amount you paid for in-app purchases in our apps during the 12 months before the claim, or US$50.

Some places don't allow these limits, so they may not fully apply to you. Nothing in these terms limits any liability that can't be limited under the law, or your rights as a consumer that can't be waived.

14. Governing law

These terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-law rules. Any dispute relating to these terms or the Services will be handled in the state or federal courts located in Michigan, and you and we agree to their jurisdiction. If you live outside the United States, you keep any protections given to you by the mandatory laws of your home country. If you're a consumer in the EU, the UK, or another place whose law lets you sue in your home courts, you may also bring a claim there.

Before filing a claim, please email us first. Most concerns can be resolved quickly and informally.

15. Extra terms for Apple devices

If you get our app from the Apple App Store, Apple's Licensed Application End User License Agreement also applies where applicable. In addition:

• These terms are between you and Phoenix Dawn Studios, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your license to the iOS app is limited to Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be used by other accounts linked to the purchaser through Family Sharing.
• We, not Apple, are solely responsible for providing maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
• If the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the app's purchase price (if any). To the extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs, or expenses from a failure to meet a warranty are our responsibility, to the extent they can't be disclaimed.
• Apple isn't responsible for addressing any claims by you or others relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection claims, or intellectual property infringement claims.
• If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling, and discharging that claim.
• You must follow any applicable third-party terms, such as your wireless carrier's terms, when using the app.
• Send questions, complaints, or claims about the app to Phoenix Dawn Studios LLC at hello@phoenixdawnstudios.com or at the address in Contact us.
• You confirm that you aren't located in a country subject to a U.S. government embargo and aren't 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.

If these terms and Apple's agreement conflict for iOS users, Apple's agreement controls to the extent of the conflict.

16. Changes to these terms

We may update these terms from time to time. When we do, we'll post the new version here and update the effective date above. If a change is significant, we'll also let you know in the app or on our website. If you keep using the Services after changes take effect, you accept the updated terms.

17. General

These terms, along with our Privacy Policy and any applicable app store terms, are the whole agreement between you and us about the Services. If any part of these terms can't be enforced, the rest still applies. If we don't enforce a term right away, we haven't given up the right to do so later. You may not transfer your rights under these terms; we may transfer ours as part of a merger, acquisition, or sale of assets.

18. Contact us

Questions about these terms? Email hello@phoenixdawnstudios.com.

Phoenix Dawn Studios LLC
Michigan, USA