Terms of Service

Who you are agreeing with

Byte Size Factory is operated by Jackson Van Dyke, an individual, not a company. By using any Byte Size Factory product you agree to these terms. If you do not agree with them, do not use the products.

You need to be old enough to form a binding agreement where you live. If you are under 18, you need a parent or guardian’s permission.

Acceptable use

These are small games and apps, and the rules are the obvious ones. Do not:

• Break the law, or use a product to harm, harass, threaten, or impersonate someone.
• Cheat, exploit bugs for advantage, automate play, or otherwise interfere with other people’s experience of a multiplayer game.
• Attack the service — probing, scraping at volume, overwhelming it, or trying to get at accounts or data that are not yours.
• Reverse engineer, resell, or redistribute a product, except where the law says you may regardless of what this document claims.
• Share your account, or buy and sell accounts and in-game items outside the product.

If you find a security problem, tell me before you tell anyone else. Reports sent in good faith get a thank you, not a lawyer.

Accounts and termination

You are responsible for what happens under your account, including keeping your password to yourself. Tell me if you think someone else has access to it.

You can stop using a product at any time and ask me to delete your account — see the Privacy Policy for how.

I can suspend or terminate an account that breaks these terms. For anything short of serious or repeated abuse I will try to warn you first, because most problems are misunderstandings. Serious cases — cheating, harming other players, attacking the service — may be terminated without warning. If your account is terminated for cause, purchases and in-game items are not refunded.

Purchases and virtual goods

Some products sell virtual items or currency. Payment is handled by a third-party payment processor; I never see or store your card details.

When you buy a virtual item you are buying a limited, personal, non-transferable, revocable licence to use it inside that product. To be plain about what that means:

• Virtual items have no real-world value. They are not currency, not property, and not an investment.
• They cannot be sold, traded, gifted, or transferred outside the product, and they cannot be exchanged for money.
• They exist only inside the product. If the product shuts down, they go with it.
• I may change, rebalance, or remove virtual items as part of developing the game. That is what live games do.

Purchases are generally final. If something has genuinely gone wrong — a double charge, an item you paid for and never received — email me and I will sort it out. Purchases made through an app store are also subject to that store’s refund policy, which you can use directly.

Availability, changes, and shutting things down

These products are provided as they are, and they change. I may add, alter, or remove features, and I do not promise any particular level of uptime.

I may also retire a product entirely. I have done it before and I will probably do it again — it is part of running a small studio honestly. If I retire something you have paid into, I will give reasonable notice where I can, and I will keep a way for you to request your data afterwards.

Disclaimer of warranties

The products are provided “as is” and “as available”, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, I disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. I do not warrant that a product will be uninterrupted, secure, error-free, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Jackson Van Dyke will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or virtual items, arising out of your use of the products.

My total liability for any claim relating to the products is limited to the amount you paid me for that product in the twelve months before the claim arose, or twenty US dollars, whichever is greater.

Nothing in these terms limits liability that cannot legally be limited — including for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. If you are a consumer, this does not deprive you of the protection of mandatory law in the country where you live.

Changes to these terms

I may update these terms. When I do, the date at the top of this page changes. If a change materially affects your rights, I will make a reasonable effort to give notice before it takes effect. Continuing to use a product after that means you accept the updated terms.

Contact

Questions about these terms go to support@bytesizefactory.dev.