1. Purpose of the terms of use

1.1 These terms of use constitute a legal agreement between you (hereinafter, "you") and Pierre Pellegrin, a natural person domiciled at 9 rue Fabre d’Eglantine, 75012 Paris, France (hereinafter, "Pierre Pellegrin", or "the publisher", "I", "my""), regarding my game application Banger made available via the Apple App Store and the Google Play Store (hereinafter, the "Game", or "Application"), my website at www.banger.dev (the “Site”) and any related services (hereinafter, including the Game and the Site, the "Services").

1.2 You certify that you are at least 13 years old. If you are between 13 and 18 years of age, you certify that your legal guardian has read and accepted these Terms and Conditions and has authorized you to access and/or use the Services.

1.3 You can access these Terms at any time at www.banger.dev/terms-of-use. I may change these Terms at any time, in accordance with paragraph 5 below, and your continued use of my Services after an update to the Terms constitutes acceptance of the new version.

2. Access to and use of my Services

2.1 The rules, point calculation systems, subscriptions, commands and recommendations specific to the Game can be found directly in the relevant Game. Such systems, rules, commands and recommendations are incorporated into these Terms of use and you agree to abide by them when accessing and/or playing the Game.

2.2 You are responsible for the internet connection and/or mobile charges that may be incurred when accessing and/or using my Services. If you are unsure about any such charges, you should consult your mobile operator or internet service provider before accessing and/or using my Services.

2.3 I reserve the right to remove or modify my Game or any part of my Services (in whole or in part), at any time, without any liability to you, for any reason including, but not limited to, the following:

• For technical reasons (such as technical difficulties encountered by me or related to the Internet);
• To enable me to improve the experience of my users;
• For legal reasons (including privacy or other legal objections to the content or conduct of my Game or Service);
• Because the provision of the relevant Game or Service is no longer profitable for me;
• Because of changes to my Services.

2.4 My Services may also from time to time be unavailable in whole or in part for any reason, whether planned or unplanned, including for technical or maintenance reasons. I do not guarantee that the operation of the Application will be uninterrupted or error-free. The Game is provided "as is" without warranty of any kind. I will use my best efforts to correct any malfunctions when I become aware of them.

2.5 I assume no responsibility for any damage that may be caused to your personal equipment as a result of accessing, using or downloading any part of the Application.

2.6 The Application is free of charge but you can subscribe for this app to get access to premium features and unlimited content. Subscription options can be: 1-week with 3-day trial, 1-month, 1-year.

2.7 All prices are subject to change without notification. I occasionally run promotion prices as incentives or limited time opportunities for qualifying purchases made during the promotional time period. Due to the time sensitive and promotional nature of these events, I am unable to offer price protection or retroactive discounts or refunds for previous purchases in the event of a price reduction or promotional offering. Payment will be charged to iTunes Account or Google Account at confirmation of purchase.

2.8 Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period at the cost of the chosen package. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's iTunes Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.

2.9 You may cancel a subscription during its free trial period via the subscription setting through your iTunes account. This must be done 24 hours before the end of the subscription period to avoid being charged. Please visit https://support.apple.com/en-us/HT202039 for more information. You may turn off the auto-renewal of your subscription via your iTunes Account Settings. However, you are not able to cancel the current subscription during its active period.

2.10 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

3. Intellectual Property

3.1 You acknowledge that the copyrights, trademarks and other intellectual property rights in and to my Services are owned by me. The terms and conditions of use only grant you a personal, non-exclusive and non-transferable right to use the Game. The application can only be used on a compatible device. The list of compatible devices is indicated on the download platform where the Application can be downloaded. Nothing in the Terms of use shall transfer to you any intellectual property rights whatsoever in respect of the Game as a whole or any of its component parts, including, without limitation, its interface, graphics, text, sound, software and algorithms used, databases, etc. Any copy of the Game is prohibited. A backup copy is unnecessary since the Game can be downloaded at any time. You may not exploit the content of the Application in any way whatsoever, in particular by extracting the database, whether this extraction is done manually or automatically.

3.2 In accordance with the applicable provisions of the Intellectual Property Code, only the use of the Application for private use is authorized, to the exclusion of any other use, which would constitute acts of infringement sanctioned as such. You are therefore prohibited from using all or part of the Application for commercial purposes. You shall not redistribute the Game in any manner whatsoever. You shall not disclose the answers to the Game to third parties, including by making them available by any means, including the Internet.

4. Data processing and liberties

4.1 The Application does not collect any personal data within the meaning of Law No. 78-17 of January 6, 1978, known as the "Informatique et Libertés" law, in its current version. The game does, however, collect certain purely technical information relating to the smartphone used (operating system, smartphone model), the game itself (version) and your events using the game. This information is only used to ensure the proper functioning of the Application and to correct any errors in the Game.

4.2 You also have the right to object, on legitimate grounds, to the processing of your personal data.

5. Changes to these terms and conditions

5.1 You can view these Terms at any time at www.banger.dev/terms-of-use. I reserve the right to update these Terms at any time by posting a new version at the url indicated above. I may do so because I change the nature of my products or services, for technical or legal reasons, or because my needs have changed, or for any other reason in my sole discretion. You agree that if you do not agree to certain changes in my terms, you must immediately stop accessing and/or using my Services.

6. Applicable law and jurisdiction

6.1 The general conditions of use are governed by French law. Any dispute relating to them shall be submitted to the exclusive jurisdiction of the competent court of Paris, subject to mandatory legal provisions to the contrary.

7. Questions about these Terms

7.1 If you have any questions about these Terms or my Services, please contact me by email at contact@banger.dev.

These Terms were last updated on August 31, 2022.