Terms of Use for Crossplay Solver by TWF

1. These terms

These terms are an agreement between you and MPL Ventures LLC, 330 N Wabash Ave, Floor 23, Chicago, IL 60611-7619, United States ("we", "us", "our"). They govern your use of the Crossplay Solver by TWF mobile application (the "App").

By downloading or using the App you accept these terms. If you do not accept them, do not use the App.

If you obtained the App from the Apple App Store, these terms also operate as the end user licence agreement for the App, replacing Apple's standard licence agreement. Section 14 sets out the additional provisions Apple requires.

2. Who can use the App

You must be at least 18 years old to use the App. If the age of majority where you live is higher than 18, you may only use the App with the involvement of a parent or guardian, who accepts these terms on your behalf.

3. What the App does

The App helps you find words you can play in a tile-based word game. You enter the letters on your rack and the layout of your board, and the App suggests possible moves and their scores.

That is the whole of what we promise. The App is a study and practice aid. We do not guarantee that any suggestion is the best available move, that a suggested word will be accepted by any particular game, or that the App's word list matches the word list used by any other product.

4. Independence from The New York Times

Crossplay Solver by TWF is an independent tool. It is not affiliated with, endorsed by, sponsored by, or in any way officially connected to The New York Times Company.

"Crossplay", "The New York Times", "NYT" and related names and logos are trademarks of The New York Times Company. We refer to them only to describe what the App is compatible with. All rights in those marks belong to their owner.

The App is not the Crossplay game, does not contain the Crossplay game, and does not connect to or interact with it. You are responsible for making sure that using an assistive tool is permitted by the rules and terms of any game you play.

5. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own non-commercial use.

You may not:

• Copy, modify, translate, or create derivative works of the App
• Reverse engineer, decompile or disassemble the App, except where that restriction is prohibited by law
• Rent, lease, lend, sell, sublicense or otherwise distribute the App
• Remove or obscure any proprietary notice in the App
• Use automated means to send requests to our servers, or send requests at a volume or rate that interferes with the service for others
• Extract, copy or reproduce our word data in bulk, whether by scraping, automated querying or any other means
• Use the App to build or train a competing product

We own the App itself. Nothing in these terms transfers ownership of it to you, and nothing in these terms gives you any rights in the third-party names and marks referred to in Section 4.

6. Acceptable use

Use the App lawfully and in a way that does not interfere with anyone else's use of it. Do not attempt to gain unauthorised access to our systems, probe them for vulnerabilities, or use the App to distribute malware.

We may suspend or withdraw access to the App or our servers if you breach these terms, or if we reasonably believe your use is harming the service.

7. Images you import

The App lets you import a photo of your board. You are responsible for the images you choose to import. Do not import images you do not have the right to use.

Importing an image does not give us any ownership of it, and images are not uploaded to us. Our Privacy Policy explains what happens to them technically.

8. Advertising

The App is free and it is paid for by advertising. By using it, you accept that advertising will be shown.

How much of it you see depends on how you use the App. Banner advertising appears on most screens. Full-screen advertising appears when you import a board photo, once your free allowance for the day is used up. The App is usable without importing photos at all, and you can enter your board by hand instead.

We may change the allowance. How many imports you get before advertising appears, and how often, is something we adjust. We may change it, and doing so is not a change to these terms.

We do not choose the advertisements. They are selected by Google and by advertisers in its network. We are not responsible for the products or services advertised, and an advertisement appearing is not an endorsement by us. Any dealings you have with an advertiser, including any purchase, are between you and them, and these terms stop applying once you leave the App.

How advertising uses information about you, and how to refuse it, is set out in our Privacy Policy. In Europe, the UK and Switzerland you are asked before any personalised advertising is shown, and on iPhone and iPad you are asked separately before any tracking. You can refuse both, the App keeps working, and nothing is withheld from you for refusing.

9. Paid subscriptions

This section describes how subscriptions will work if and when we offer them. The App does not currently offer a paid subscription.

If we introduce a paid subscription, the following applies.

Pricing and billing. The price, billing period and any introductory offer will be shown to you in the App before you buy. Payment is taken by Apple or Google, depending on where you obtained the App, and is charged to the payment method on your store account.

Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the period ends. Your store account is charged for renewal within 24 hours of the end of the current period.

Managing and cancelling. You manage and cancel your subscription in your Apple ID or Google Play account settings, not in the App. We cannot cancel a subscription on your behalf. Deleting the App does not cancel a subscription.

Free trials. Where a free trial is offered, any unused portion is forfeited if you buy a subscription during the trial. Trials are limited to one per user unless we say otherwise.

Refunds. Refunds are handled by Apple and Google under their own policies. We do not process refunds directly, but tell us at [email protected] if something has gone wrong and we will help where we can.

Price changes. We may change subscription prices. Changes take effect at the start of your next billing period and we will give you notice, and the chance to cancel, in advance.

What a subscription gets you. A subscription removes advertising from the App. It does not remove any functionality that was previously free. If we ever put an existing free feature behind a subscription, we will say so clearly in advance.

10. Availability and changes

We may change, suspend or discontinue the App or any part of it. We may release updates, and some updates may be required for the App to keep working.

We do not promise that the App will be available uninterrupted or error-free. The App depends on our servers and on your internet connection, and neither is guaranteed.

If we discontinue the App entirely while you hold a paid subscription, we will provide a pro-rata refund for the unused part of your current billing period.

11. Disclaimers and liability

To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, our total liability to you arising out of or relating to the App is limited to the greater of the amount you paid us in the 12 months before the claim arose, or twenty US dollars. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data.

Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.

12. If you are a consumer in the EU or the UK

Nothing in these terms affects your statutory rights as a consumer, and where these terms conflict with those rights, your rights prevail.

Right of withdrawal. You normally have 14 days to withdraw from a contract for digital content bought at a distance. Where you buy a subscription and ask for immediate access, you acknowledge that supply begins immediately and that you lose the right of withdrawal once supply has begun, to the extent permitted by law. Apple and Google apply their own refund practices, which may be more generous.

Legal guarantee. You are entitled to digital content that conforms to the contract. If it does not, you may be entitled to have it brought into conformity, or to a price reduction or refund.

Disputes. You may bring proceedings in the courts of the country where you live, and the mandatory consumer protection law of that country applies to you regardless of Section 15.

13. Ending this agreement

You may stop using the App and delete it at any time. We may end your licence if you materially breach these terms.

Sections 4, 5, 11, 15 and any accrued rights survive termination.

14. Apple-specific provisions

These provisions apply where you obtained the App from the Apple App Store.

• This agreement is between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
• Your licence is limited to using the App on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any claim that the App or your use of it infringes a third party's intellectual property rights, and for any product liability, legal or regulatory claim relating to the App.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

15. Governing law

These terms are governed by the laws of the State of Illinois, United States, without regard to its conflict of law rules. The state and federal courts located in Illinois have exclusive jurisdiction, subject to Section 12 where you are a consumer in the EU or the UK.

16. General

If any provision is found unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.

These terms, together with the Privacy Policy, are the entire agreement between us about the App.

17. Contact

[email protected]