Terms of use

The agreement

These terms are a legal agreement between you and Flora & Fauna ("we", "us") for the Flora & Fauna app for iPhone and iPad (the "App") and the websiteflorafaunasudoku.com. By downloading, installing or using the App you agree to them. If you do not agree, do not use the App. Ourprivacy policy explains how data is handled and forms part of these terms.

Your licence to the app

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and play the App on Apple-branded devices that you own or control, as permitted by the App Store's Usage Rules in Apple'sMedia Services Terms and Conditions. You may not copy, modify, distribute, sell, rent, sublicense, reverse engineer, decompile or attempt to extract the source code, assets or puzzle data of the App, except to the extent that applicable law expressly permits it.

The Naturalist Society

What it is

The App is free to download and shows no adverts. Some places, species and features, including the daily walk, are open only to members of the Naturalist Society, an auto-renewing subscription offered monthly or yearly. The price and period of each plan are shown in the App before you subscribe, in your local currency, and are charged to your Apple ID by Apple.

Free trial

Each plan starts with a free trial of three days if your Apple ID is eligible. Apple allows one free trial per Apple ID for the Naturalist Society. If you do not cancel at least 24 hours before the trial ends, the membership begins and your Apple ID is charged the price shown for the plan you chose. If you are not eligible for a trial, payment is charged when you confirm.

Renewal and cancellation

Membership renews automatically for the same period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within the 24 hours before the current period ends. Apple will tell you before any price increase takes effect, as its rules require. You can manage or cancel your membership at any time in Settings › [your name] › Subscriptions. Cancelling stops the next renewal; your membership continues until the end of the period you have already paid for.

When a membership ends

Everything you recorded while you were a member stays in your collection. Places, species and features that are open only to members stop appearing until you join again.

Family Sharing

Membership can be shared with your family through Apple's Family Sharing, on the terms Apple sets.

Restoring

Membership is tied to your Apple ID. On a new device, or after reinstalling, use Restore Purchases in the App's settings to pick it up again at no charge. It cannot be transferred to a different Apple ID.

Changes

We may change prices, or what membership includes, from time to time. New places and species are added over time; what has already been opened to members is not taken back during a membership.

Refunds

Because Apple is the merchant of record, refunds are handled by Apple under its own policies, not by us. You can request one atreportaproblem.apple.com. Where consumer law gives you a right to cancel a digital purchase within a fixed period, that right applies according to Apple's terms.

Your game data

The App has no accounts. Your progress, collection and streak are stored on your device and, if you use iCloud, in your own iCloud account, and may be included in your own device backups. We keep no copy and cannot recover a collection that is lost through erasure, device loss or a failed backup. We may, from time to time, change how puzzles are generated, add or remove species, or adjust difficulty; these changes do not entitle you to a refund.

Artwork and intellectual property

The App, including every painted plate, the species descriptions, the puzzle engine, the typography, sounds and design, is owned by us or our licensors and is protected by copyright and other intellectual-property laws. The species themselves belong to nature; the paintings of them belong to us. Nothing in these terms gives you any right to reproduce the artwork outside the App, to use it in other products, or to train machine-learning models on it. You are welcome to share screenshots of your collection for personal, non-commercial purposes.

Acceptable use

You agree not to:

• tamper with the App's purchase verification or daily puzzle schedule;
• use bots, scripts or automated tools to play, or to extract puzzles or artwork;
• use the App in any way that breaks the law or infringes anyone's rights;
• interfere with the security or operation of the App or the website.

Third-party services

The App uses Apple's StoreKit for membership, and Apple's iCloud and Game Center if you use them. Your use of those services is also subject to Apple's own terms. We are not responsible for their availability or conduct.

Terms required by Apple

These terms are between you and us only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. In particular:

• Maintenance and support. We, not Apple, are responsible for any maintenance and support of the App. Apple has no obligation to provide any.
• Warranty. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App; any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer-protection, privacy or similar law.
• Intellectual property. If a third party claims that the App infringes their intellectual-property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent 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.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms and, on your acceptance, may enforce them against you.
• Developer contact. Questions, complaints or claims about the App should be sent to support@florafaunasudoku.com.

You must also comply with any applicable third-party terms when using the App, such as your wireless data service agreement.

No warranty

The App is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and that the App will be uninterrupted, error-free, or that every puzzle will have exactly the difficulty stated. 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, we are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data (including a lost collection), arising from your use of or inability to use the App. Our total liability to you for all claims relating to the App is limited to the greater of the amount you paid us through the App in the twelve months before the claim, or ten US dollars. Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

Termination

You may end this agreement at any time by deleting the App. We may end it if you materially breach these terms, in which case your licence ends and you must delete the App. Sections that by their nature should survive (including intellectual property, no warranty, limitation of liability and governing law) survive termination.

Changes to these terms

We may revise these terms from time to time. The revision date at the top shows the current version, which is always atflorafaunasudoku.com/terms/. If a change materially affects your rights, we will say so in the App before it takes effect. Continuing to use the App after a change means you accept it.

Governing law

These terms are governed by the laws of the place where we are established, without regard to conflict-of-law rules, except that you may always rely on the mandatory consumer-protection law of the country where you live.

Contact

Questions about these terms: emailsupport@florafaunasudoku.com, or visitthe support page.