These Terms of Service ("Terms") form a binding agreement between you and the independent developer operating under the name EyeDark ("we," "us," or "our") governing your use of Solitaire – EyeDark Card Game obtained through the Apple App Store (the "App"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
If you are a consumer resident in the European Union, you also benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects your statutory rights as a consumer.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial entertainment.
You may not: (a) copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App except to the extent permitted by applicable law; (c) remove or alter any proprietary notices; or (d) use the App in any way that violates applicable law.
This licence is granted under Apple's standard Licensed Application End User Licence Agreement (EULA) for App Store apps, which is incorporated by reference. In the event of a conflict between these Terms and Apple's EULA regarding Apple's minimum terms, Apple's EULA prevails to the extent required by Apple.
The App is a classic Solitaire card game. Features include: core gameplay; theme switching; a hint function; Game Center leaderboards and score upload; the ability to set a personal photo as the game background (processed on-device); and anonymous usage analytics powered by Mixpanel. Features may be added, modified, or removed at our discretion.
Leaderboards and score uploads rely on Apple's Game Center. Your use of Game Center is governed by Apple's terms and privacy policy. We do not control Apple's availability, eligibility decisions, or account restrictions. You acknowledge that Apple has no obligation to furnish any maintenance or support services in respect of the App, and that Apple is not responsible for addressing any claims relating to the App or your possession/use of it, except as required by Apple's EULA.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
The App uses Mixpanel to collect anonymous usage analytics (such as feature usage and session patterns) for the purpose of improving the App. Mixpanel processes this data on our behalf as a data processor. Mixpanel does not receive your custom background images, your name, your email address, or your Apple ID.
You may opt out of Mixpanel analytics at any time by contacting us at hello@imoregame.com or through any in-App settings we make available. Opting out will stop further analytics data from being sent; it will not affect your ability to use the core game.
For details on how Mixpanel handles data, please refer to Mixpanel's Privacy Notice.
You agree not to manipulate scores, use unauthorised third-party software, exploit bugs to gain an unfair advantage, or otherwise interfere with the integrity of leaderboards. We may, where technically feasible, disregard or report scores that we reasonably believe result from cheating or abuse. Because leaderboards are operated by Apple, enforcement of Game Center conduct rules is primarily a matter for Apple.
You are solely responsible for any image you select as a custom background. By using this feature, you represent and warrant that:
Custom images are processed entirely on your device. We do not receive, store, or moderate them. If a third party brings a claim arising from an image you selected, you are responsible for that claim, and you agree to indemnify us against any resulting loss or expense to the extent permitted by law. This allocation does not limit any mandatory consumer rights you may have under EU law.
The App, including its software, visual design (including the dark-space and crescent-moon theme, gold UI elements, and card design), text, and audio, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the App. You retain all rights in the photos you use as custom backgrounds.
To the maximum extent permitted by applicable law, the App is 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, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.
EU/EEA consumers: Nothing in this section affects your statutory rights under EU consumer protection law, including your right to receive goods/services that conform to the contract and your remedies for lack of conformity.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of the App. Our aggregate liability for direct damages arising from these Terms or the App will not exceed the greater of (a) the amount you paid for the App in the twelve months preceding the claim, or (b) USD $10.
Mandatory law carve-outs: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are an EU consumer, the limitations above apply only to the extent permitted by the law of your country of residence.
Game progress and custom backgrounds are stored locally on your device. Uninstalling the App, resetting the device, or certain iOS updates may result in loss of local data. We have no server-side backup of gameplay data or images and cannot restore lost local data. Game Center scores are held by Apple and are subject to Apple's retention practices.
You may stop using the App at any time by deleting it. We may suspend or terminate the licence granted under these Terms if you materially breach them, including by attempting to circumvent technical protections or interfering with the App's normal operation. Termination does not affect any rights that accrued before termination.
These Terms are governed by the laws of the developer's country of residence, without regard to conflict-of-law rules. If you are a consumer resident in the EU, this choice of law does not deprive you of the protection of the mandatory rules of the country in which you live.
United States users: Subject to applicable law, any dispute arising from these Terms or the App shall be brought exclusively in the competent state or federal courts of the developer's jurisdiction, and you consent to personal jurisdiction there.
EU users: If you reside in the EU, you may also bring proceedings in the courts of your country of residence. The European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr, though we are not obliged to participate in ADR proceedings.
You acknowledge that:
We may update these Terms from time to time. The revised version will show a new "Last Updated" date. If changes are material, we will provide reasonable notice (for example, in the App or on the App Store listing) before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the App.
Operator: EyeDark
Email: hello@imoregame.com