Terms of Service

1.Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and the independent developer of Messenger: Last Warning (“we”, “us” or “our”) for your use of the Messenger: Last Warning app (the “Game”) and its pages on this website. By downloading, installing or playing the Game you accept these Terms. If you do not agree, please do not use the Game.

Our Privacy Policy explains how information is handled and forms part of these Terms. Apple’s standard Licensed Application End User License Agreement also applies to the Game; if it and these Terms conflict, these Terms apply to the extent the law allows.

2.Eligibility and age

You may use the Game if you can form a binding contract where you live. If you are under the age of majority, you may use the Game only with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Game, including any purchases. The Game is not directed at children under 13.

3.Your licence to use the Game

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and play the Game on Apple devices that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms, for your own non-commercial entertainment.

The Game is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

4.Your obligations and prohibited uses

When using the Game you agree to comply with all applicable laws and these Terms. You must not:

• copy, modify, translate, distribute, sell, rent, lend or sublicense the Game or any part of it;
• decompile, reverse-engineer or disassemble the Game, or try to extract its source code, except where the law expressly allows it;
• use cheats, exploits, bots, modified game files or any unauthorised software, or edit or tamper with saved game data, to obtain coins or other items, purchases or advantages;
• interfere with the Game, the advertising or purchase systems, or the services of our partners, or try to defraud them (for example by faking ad views or purchase receipts);
• remove or alter any copyright, trademark or other notices in the Game;
• use the Game for any unlawful, harmful or fraudulent purpose.

If you find a bug that gives an unintended advantage, please tell us rather than exploit it.

5.Virtual currency and items

The Game includes virtual items such as coins, crystals, lives, boosters, paint jobs and Season Pass rewards (“Virtual Items”). Coins, lives, boosters and paint jobs are earned by playing, from medals, chests, the daily gift, the Season Pass and optional videos, or bought. Crystals are earned and spent within a single level.

• Virtual Items are licensed to you for use in the Game only. You do not own them, and they have no monetary value.
• Virtual Items cannot be sold, transferred, exchanged between players, or redeemed for real money, goods or anything of value outside the Game, and we do not refund them except where the law requires.
• Consumable Virtual Items are used up when you spend them.
• We may manage, regulate, change or remove Virtual Items, their prices and how they are earned, for example to balance the Game, without liability to you, except where the law provides otherwise.

6.Purchases, payments and refunds

The Game is free to play and offers optional in-app purchases. All purchases are made and paid for through Apple’s App Store using Apple’s In-App Purchase, under Apple’s terms. Prices are shown in the App Store currency for your country before you confirm a purchase, and may change. There are no subscriptions.

• Consumable: coin packs, the Starter Pack and the First Deal: their coins and items are added to your game and used up as you spend them; they cannot be restored on another device, though your balance follows your iCloud save.
• Season Pass: a one-time purchase for the premium rewards of the season in which you buy it (30 days). It is not a subscription and never renews. Rewards you reach and do not collect are given to you when the season ends.
• Kept forever: the Commander Pack, the bundles’ paint jobs and the Galaxy Paint: yours to keep, and restorable with Restore Purchases on your devices signed in to the same Apple Account. A restore gives back the lasting part of a bundle, not its coins.

All sales are final except as required by law or by Apple’s policies. Refunds are handled by Apple, not by us: you can request one at reportaproblem.apple.com. If a refund is given, we may remove the Virtual Items or content it paid for. Parents and guardians can control purchases with iOS Screen Time → Content & Privacy Restrictions.

If a purchase does not arrive, restart the Game and use Restore Purchases, or contact us with the date of the purchase.

7.Optional rewarded videos

The Game offers short videos from third-party advertisers that you may choose to watch in exchange for a reward. Watching is always optional. Rewards are given only for videos watched to the end, may be limited in number, and may change. Ads are provided by third parties (through Google AdMob); we do not control and are not responsible for their content, products or services, and your dealings with advertisers are solely between you and them. See the Privacy Policy for how ads work.

8.Your progress and saved data

Your progress and coins are saved on your device and, if you are signed in to iCloud, in your own iCloud account, so they return after a reinstall and follow you to your other devices. We have no copy of them. If you delete the Game while not signed in to iCloud or lose your device, your progress and earned coins may be lost permanently, and we cannot restore them. Purchases that are kept forever can be restored as described in section 6.

9.Intellectual property

The Game and everything in it, including its code, levels, characters, story, artwork, music, sounds, text, names and logos, are owned by us or our licensors and are protected by copyright, trademark and other laws. Third-party materials are used under their licences. Except for the licence in section 3, nothing in these Terms gives you any right in them.

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

If you believe something in the Game infringes your copyright, please contact us with the details and we will look into it promptly.

10.Updates, changes and availability

We may update the Game at any time to fix problems, change balance, prices, levels or features, or add or remove content, and some updates may be required to keep playing. We may also stop offering or supporting the Game; if we do, it will keep working on devices where it is installed for as long as Apple and your device allow, but we cannot promise any particular feature or content will stay available.

11.Suspension and termination

These Terms apply for as long as you use the Game. You may end them at any time by deleting the Game. If you breach these Terms, your licence ends automatically and you must stop using the Game and delete it from your devices. Sections that by their nature should survive (such as virtual items, intellectual property, disclaimers and limitation of liability) survive the end of these Terms.

12.Disclaimer of warranties

The Game is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and that the Game will be uninterrupted, error-free or free of harmful components.

We work hard to make the Game fun and reliable, and nothing in these Terms limits rights you have as a consumer that cannot be excluded by law.

13.Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, virtual items, profits or goodwill, arising from or related to the Game or these Terms. Our total liability for all claims is limited to the amount you paid for in-app purchases in the Game during the 12 months before the event giving rise to the claim.

Some places do not allow these exclusions or limits, so they may not fully apply to you. We do not exclude liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded by law.

14.Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Game.

15.App Store terms

These terms apply because you obtained the Game from Apple’s App Store:

• These Terms are between you and us only, not Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Game and its content.
• Apple has no obligation to provide maintenance or support for the Game.
• If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Game (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the Game, including product liability claims, claims that the Game fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the Game or your use of it infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms (such as your mobile data plan) when using the Game.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you.

16.General

• Entire agreement. These Terms, the Privacy Policy and Apple’s licence terms are the entire agreement between you and us about the Game.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. Not enforcing a provision is not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours, for example if the Game is transferred to another developer or company.
• Disputes. If you have a problem with the Game, please contact us first so we can try to resolve it informally. Nothing in these Terms limits your right to bring a claim before the courts or consumer bodies of the place where you live, where the law gives you that right.

17.Changes to these Terms

We may update these Terms from time to time. The new version will be posted on this page with a new effective date, and material changes will be announced in the Game or in its App Store notes before they take effect. If you keep playing after a change takes effect, the updated Terms apply; if you do not agree, please stop using the Game.

18.Contact us

Questions about these Terms, a purchase or the Game: