Terms of service.

The short version: Play our games for fun, don’t cheat or break things, respect our work and other players, and know that we provide the games “as is.” The full terms below explain your rights and ours.

1. Acceptance of terms

Welcome to App Rack INC. (“App Rack INC.,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) are a legal agreement between you and App Rack INC. They govern your access to and use of our website at www.app-rack.com (the “Website”) and our mobile games and related services (together with the Website, the “Services”).

By visiting the Website, downloading, installing or playing any of our games, or otherwise using the Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

2. About us and our services

App Rack INC. is an independent mobile game studio based in Burlington, Canada. We publish casual games, including relaxing and ASMR-style games, creative games, racing and driving games, and other entertainment apps. Our games are currently distributed through Google Play.

Descriptions, images and promotional artwork on the Website are provided for general information. Some promotional images are AI-enhanced artwork based on our games and may not match the exact in-game experience. Download counts and ratings shown on the Website are approximate and may change at any time.

3. Eligibility

You must be old enough to form a binding contract in your place of residence to accept these Terms. If you are under that age, 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.

Some of our games may be available to a general audience, including children. Parents and guardians are encouraged to review the age rating and data safety information shown on each game’s Google Play page, and to supervise their children’s use of any app or device.

4. License to use our games

Subject to your compliance with these Terms, App Rack INC. grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use our games on devices that you own or control, for your own non-commercial entertainment purposes.

This license does not transfer any ownership of the games to you. Your use is also subject to the Google Play Terms of Service and any other Google Play policies that apply to your download and use of the game.

5. Acceptable use

When using the Services, you agree not to:

• copy, modify, translate, adapt or create derivative works of any game or part of the Website, except as allowed by law;
• reverse engineer, decompile, disassemble or attempt to extract the source code of our games, except to the extent that applicable law expressly permits it despite this restriction;
• use cheats, hacks, bots, automation tools, emulators or modified versions of the games to gain an unfair advantage or interfere with the intended experience;
• remove, hide or alter any copyright, trademark or other proprietary notices;
• sell, rent, lease, distribute, sublicense or commercially exploit the games or any content in them without our written permission;
• interfere with or disrupt the Services, our servers or networks, or attempt to gain unauthorized access to any part of them;
• use the Services for any unlawful, fraudulent, harmful or abusive purpose, or in violation of any applicable law or regulation;
• scrape or harvest data from the Website using automated means without our prior written consent; or
• use our names, logos, game titles or artwork in a way that suggests endorsement by, or affiliation with, App Rack INC. without permission.

6. Purchases and virtual items

Our games are generally free to download. Some games may offer optional in-app purchases, such as virtual items, ad removal or premium features, or may include advertising (see Section 7).

• Platform processing. Purchases are processed by Google Play. Prices, taxes, payment methods, billing and refunds are governed by the Google Play Terms of Service and Google’s policies. We do not receive or store your full payment card details.
• Virtual items. Any virtual currency, items or features have no real-world monetary value, are licensed to you rather than sold, and cannot be exchanged for cash or transferred to others, except where the law requires otherwise.
• Refunds. Refund requests are handled according to Google Play’s refund policies. Nothing in these Terms limits any refund or consumer rights you have under applicable law.
• Loss of progress. Game progress and purchased items may be lost if you uninstall a game, reset or change your device, or clear app data, unless the game specifically offers a backup or restore feature.

7. Advertising and third-party services

Our games and Website may display advertisements and may use third-party services such as advertising networks, analytics and crash-reporting providers. These third parties may collect and use information under their own terms and privacy policies. We are not responsible for the content, products, practices or availability of third-party services, advertisements or websites, including any links from our Website to other sites such as Google Play.

Information about how data is collected and used in our games is described in our Privacy Policy.

8. Intellectual property

The Services, including all games, software, graphics, characters, artwork, animations, sounds, music, text, game designs, logos, the “App Rack INC.” name and all related content, are owned by App Rack INC. or its licensors and are protected by copyright, trademark and other intellectual property laws in Canada and around the world.

All rights not expressly granted to you in these Terms are reserved. Other product names, logos and brands, such as Google Play, are the property of their respective owners and are used for identification only.

If you believe that content on the Website or in our games infringes your intellectual property rights, please contact us at the address in Section 19 with enough detail for us to identify and review the content.

9. Feedback

If you send us ideas, suggestions, bug reports or other feedback about the Services, you agree that we may use them freely, without obligation, credit or compensation to you. Reviews you post on Google Play are governed by Google Play’s terms.

10. Privacy

Your privacy matters to us. Our Privacy Policy explains what information we and our partners collect when you use the Services, how it is used and the choices available to you. By using the Services, you acknowledge that you have read it.

11. Updates and availability

We may release updates, patches or new versions of our games to fix issues, add features or improve performance. Some updates may be required to keep playing. We may change, suspend or discontinue any game, feature or part of the Services at any time, with or without notice, and we are not liable to you or any third party for doing so, except where the law requires otherwise.

The Services depend on devices, networks and third-party platforms that we do not control, so we cannot promise that they will always be available, uninterrupted or error-free.

12. Termination

You may stop using the Services at any time by uninstalling our games and no longer visiting the Website. We may suspend or end your access, or the license in Section 4, at any time and without prior notice if we reasonably believe you have violated these Terms or applicable law, or if we need to protect the Services, other players or ourselves.

When your license ends, you must stop using the games and delete all copies from your devices. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification and governing law) will continue to apply.

13. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not guarantee that the games will be free of bugs, errors or harmful components, that they will work on every device or operating system version, or that any result or performance level will be achieved. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

Our games are intended for entertainment. Please play safely, take regular breaks and be aware of your surroundings while using a mobile device. Some games include flashing visuals or loud sounds; if you experience dizziness, discomfort or similar symptoms, stop playing and consult a doctor if needed.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APP RACK INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR GAME PROGRESS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWO MONTHS BEFORE THE CLAIM AROSE, OR (B) CAD $25.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, or any rights you have as a consumer that cannot be waived.

15. Indemnification

You agree to defend, indemnify and hold harmless App Rack INC. and its directors, officers, employees and affiliates from any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Services or your violation of any law or the rights of another person.

16. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles. You and App Rack INC. agree that the courts located in Ontario, Canada will have jurisdiction over any dispute arising from these Terms or the Services, except where the law of your place of residence gives you the right to bring a claim in your local courts.

Before starting a formal dispute, we encourage you to contact us at info@app-rack.com so we can try to resolve the matter informally.

17. Changes to these terms

We may update these Terms from time to time, for example to reflect new features, legal requirements or changes to our business. When we do, we will post the updated version on this page and change the “Last updated” date above. Material changes may also be communicated through the Website or our games. Your continued use of the Services after the updated Terms take effect means you accept them. If you do not agree with the changes, you should stop using the Services.

18. General

• Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and App Rack INC. about the Services.
• Severability. If any part of these Terms is found to be unenforceable, the rest will remain in effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Language. These Terms are written in English. Any translation is provided for convenience only, and the English version controls if there is a conflict.

19. Contact us

Questions about these Terms? We’d love to help.

App Rack INC.
Burlington, L7P 3R9, Canada
Email: info@app-rack.com
Website: www.app-rack.com