Terms of Service

Please read these Terms of Service carefully before using PongWars.

Last updated: September 10, 2024

1. Agreement to Terms

By downloading, installing, or using PongWars ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and the-nerd ("we," "us," or "our").

2. License to Use

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

  • • Download and install the App on devices you own or control
  • • Use the App for personal, non-commercial purposes
  • • Access and use the features and content of the App

License Restrictions

You may not:

  • • Copy, modify, distribute, sell, or lease any part of the App
  • • Reverse engineer, decompile, or disassemble the App
  • • Remove or alter any proprietary notices or labels
  • • Use the App for any commercial purpose without our consent
  • • Create derivative works based on the App

3. User Conduct

When using PongWars, you agree to:

  • • Use the App in a lawful manner and in accordance with these Terms
  • • Respect other users and maintain appropriate conduct
  • • Not attempt to cheat, hack, or exploit the App
  • • Not use the App to transmit harmful or malicious content
  • • Not interfere with the App's servers or networks

We reserve the right to suspend or terminate your access to the App if you violate these conduct rules.

4. Intellectual Property Rights

The App and all content, features, and functionality are owned by the-nerd and are protected by international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

5. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the App, to understand our practices regarding the collection and use of your information. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

6. App Availability and Updates

We strive to keep the App available at all times, but we cannot guarantee uninterrupted access. The App may be temporarily unavailable due to:

  • • Scheduled maintenance
  • • Technical issues or server problems
  • • Updates and improvements
  • • Force majeure events

We may update the App from time to time to fix bugs, add features, or improve performance. Some updates may be required for continued use of the App.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • • Warranties of merchantability and fitness for a particular purpose
  • • Warranties that the App will be uninterrupted or error-free
  • • Warranties regarding the accuracy or completeness of content
  • • Warranties that the App will meet your requirements

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE-NERD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • • Loss of profits, data, or use
  • • Business interruption
  • • Personal injury or property damage
  • • Loss of privacy

Our total liability to you for all claims arising out of or relating to the App shall not exceed the amount you paid for the App (if any) in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless the-nerd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of your use of the App, violation of these Terms, or violation of any rights of another party.

10. Termination

These Terms are effective until terminated. You may terminate this agreement at any time by:

  • • Uninstalling and deleting the App from all your devices
  • • Ceasing all use of the App

We may terminate or suspend your access to the App immediately, without prior notice, if you breach these Terms. Upon termination, all rights granted to you will cease immediately.

11. Governing Law and Dispute Resolution

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

Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration institution, or in the courts of Belgium if arbitration is not available.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the App after changes become effective constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely approximates the intent of the original provision.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: