Off The Couch! Terms of Service
Please read carefully. This game involves real physical activity. These Terms limit our liability and include a release and an assumption of risk.
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and [Company/Developer Name] ("we", "us"), the provider of the Off The Couch! game, app, website and related services (the "Game"). By downloading, installing, accessing, using or playing the Game, or by tapping "I agree", you accept these Terms. If you do not agree, do not use or play the Game.
2. Physical activity: assumption of risk
The Game asks you to physically jump, move and react in the real world. Physical activity carries inherent risks. You voluntarily choose to take part, and you knowingly and expressly assume ALL risks, known and unknown, arising from playing the Game, including but not limited to:
- slips, trips and falls; sprains, strains, fractures, concussion and other injuries;
- collisions with walls, ceilings, ceiling fans, furniture, doors, stairs, people, children or pets;
- heart attack, cardiac arrest or other cardiac events, stroke, breathing problems, dizziness, fainting, seizures or any other medical event, aggravation of existing conditions, and death;
- dropping, throwing or damaging your phone or other devices, and damage to property, floors, furniture or your surroundings;
- disturbing or injuring others, including neighbours or people below you.
3. Your health and safety responsibilities
- Consult a doctor before playing, especially if you are pregnant, have a heart, lung, joint, back or other medical condition, are taking medication, or have not exercised recently.
- Stop immediately if you feel pain, dizziness, shortness of breath, chest discomfort or feel unwell, and seek medical help.
- Play only in a clear, safe, well-lit space with a non-slip floor, enough room around and above you, and no stairs, traffic, water or hazards nearby. Hold the phone securely with both hands and use a wrist strap.
- You are solely responsible for your own safety, your surroundings, your device and anyone you let play. Use Tap mode if you cannot jump safely.
4. Release and waiver
To the maximum extent permitted by applicable law, you release, waive and forever discharge [Company/Developer Name] and its owners, officers, employees, contractors, partners, licensors and service providers from any and all claims, demands, liabilities, damages, losses and expenses of any kind (including personal injury, illness, death and property damage) arising out of or related to your use of the Game or your physical activity while playing, whether caused by negligence or otherwise.
5. Provided "AS IS": no warranties
The Game is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and safety. We do not warrant that the Game is error-free, uninterrupted or secure, that jump detection, scoring or health/activity numbers are accurate, or that the Game is suitable or safe for you. Activity figures shown in the Game are approximate entertainment features, not medical or fitness advice.
6. Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any personal injury, death, property damage, loss of data, profits or goodwill, arising out of or related to the Game. To the maximum extent permitted by applicable law, our total liability for all claims relating to the Game is limited to the amount you actually paid us for the Game in the 12 months before the claim arose, or USD 0 if you paid nothing. Some jurisdictions do not allow certain exclusions or limits; in those places our liability is limited to the smallest amount the law allows.
7. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless [Company/Developer Name] and its owners, officers, employees, contractors and partners from any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising from your use of the Game, your physical activity, your breach of these Terms, or any injury or damage to you, other people or property.
8. Minors
If you are under 18 (or the age of majority where you live), you may use the Game only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your safe play. Children should always play with adult supervision.
9. In-app purchases, ads and virtual items
- Sparks, cosmetics and other virtual items are a limited, revocable licence to use within the Game. They have no cash value or other monetary value, cannot be exchanged for money or real-world goods, and cannot be transferred or sold.
- Purchases are processed by the app store and are final and non-refundable except where required by law or store policy. To the maximum extent permitted by applicable law, we may change, rebalance or remove virtual items, and nothing is owed to you if items are lost when an account is closed or the Game ends.
- The Game may show ads from third parties. We are not responsible for third-party ads, products, websites or services.
10. Recording, sharing and your content
Jump Cam uses your camera (and microphone if you turn it on) only when you choose. You are responsible for anything you record or share, for having permission from anyone who appears in it, and for following the rules of the platforms you share to.
11. Acceptable use
Do not cheat, exploit bugs, tamper with scores or the Game, reverse engineer it (except where the law allows), harass others or use the Game unlawfully. We may suspend or remove scores, items or access if you break these Terms.
12. Changes to these Terms
We may update these Terms from time to time by publishing a new version in the Game. Updated versions take effect when published. We will ask you to accept material changes; your continued use or play of the Game after an update means you accept the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of [Governing Law / Jurisdiction], without regard to conflict-of-law rules. Disputes will be resolved in the courts of [Venue], unless applicable law requires otherwise.
14. Severability and entire agreement
If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted by applicable law and the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Game. Our failure to enforce a provision is not a waiver.
15. Contact
Questions about these Terms: support@offthecouch.xyz. Website: https://offthecouch.xyz
This is the same text the app shows (published v1).