Luck of Heroes — Terms of Use

1. Agreement and acceptance

These Terms of Use ("Terms") are an agreement between you and Redvad Entertainment LLC ("Redvad", "we", "us"), a Utah limited liability company, for your use of the Luck of Heroes app and its related services (the "Game"). By downloading the Game, tapping I Understand in the Game, or using the Game, you agree to these Terms and to our Privacy Policy at redvad.com/privacy. If you do not agree, do not use the Game.

These Terms govern the Game. Where they differ from the general Terms of Service at redvad.com/terms, these Terms control for the Game. Your purchase or download from the App Store is also subject to Apple's Media Services Terms and Conditions. We record which version of these Terms you accepted and when.

You must be at least 13 years old to use the Game. If you are under 18 (or the age of majority where you live, if higher), you may use the Game only with the permission and supervision of a parent or legal guardian who has read these Terms, agrees to them in their own name, and accepts responsibility for your use of the Game and for your safety while you play.

2. Your safety and assumption of risk

Luck of Heroes is played while walking in the real world. Walking outdoors carries real risks, and you play at your own risk.

While you use the Game:

• Stay aware of your surroundings. Look up from your screen at road crossings, near traffic, on uneven ground, near water and around other people. The Game does not need you to watch it while you walk; fights resolve on their own, and nothing in the Game is worth looking down at a dangerous moment.
• Never use the Game while driving, cycling, or operating or riding any vehicle, including scooters, skateboards and similar devices.
• Choose your own safe route. The world in the Game is invented. Its monsters, chests, quest sites, arrows and other content do not correspond to real places and are not directions, routes or recommendations to go anywhere. Your hero turns when you turn and walks when you walk, wherever you are. If a direction is unsafe, unlawful or simply not where you want to be, do not follow it.
• Respect the weather, light and your limits. Do not play in conditions, at times or in places that are unsafe for you.
• Notifications the Game sends during a walk can be ignored; do not check your phone when it is not safe to do so.

Assumption of risk and release

You understand that walking and other physical activity involve inherent risks, including the risk of injury, illness, or death, and of damage to property, caused by traffic, falls, terrain, weather, other people, animals, or your own health. You voluntarily assume all of those risks. You are solely responsible for your own safety and conduct, for where and when you walk, and for any person in your care while you play (for example, a child walking with you).

To the fullest extent permitted by law, you release Redvad, its members, managers, employees and contractors from any claim, demand or liability for injury, illness, death, or loss or damage to property arising from or connected with your walking, your physical activity, or your use of the Game, including claims that the injury, illness, death, loss or damage was caused in whole or in part by the ordinary negligence of Redvad or of anyone released here, except to the extent caused by gross negligence or wilful misconduct. If you are under 18, this release is given by your parent or guardian on their own behalf and, to the extent the law allows, on yours.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law of the country where you live, including, where that law so provides, liability for death or personal injury caused by our negligence. If you live in such a country, this release and the limits in Section 8 apply only as far as that law allows.

3. Health and fitness

The Game is entertainment. It is not a medical device, and nothing in it is medical, health or fitness advice. Distances, step counts, paces and other figures it shows are estimates and may be inaccurate.

Consult a doctor before starting any exercise program, especially if you are pregnant, have a medical condition, or have not exercised recently. Stop immediately and seek medical help if you feel pain, faintness, dizziness, shortness of breath or discomfort. Stay hydrated and dress for the conditions.

If you choose to connect Apple Health, the Game reads your steps and walking distance and saves finished walks as workouts, as described in the Privacy Policy. Health data is used only to count your walks, never for advertising, and never shared. You can disconnect it at any time in the Health app, and delete any workout the Game saved there.

4. Where you walk

Use the Game only in places you are lawfully allowed to be. Do not enter private property without permission, closed or restricted areas, construction sites, railways, or any place that is dangerous. Obey all traffic laws, signs, and the instructions of property owners and officials. You are responsible for complying with all laws that apply to you where you play.

5. Licence, the optional account and saves

Licence

Redvad grants you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use the Game for your own non-commercial entertainment on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. All rights not expressly granted are reserved. The Game and all its content — art, music, code, characters and text — belong to Redvad or its licensors.

You may not copy, modify, distribute, sell or rent the Game; reverse engineer it except where the law allows; cheat, exploit bugs, or use unauthorised tools or location-spoofing to gain an advantage; or interfere with the Game's servers.

Virtual items

Gold, items, gear, runes, materials and other in-game things have no monetary value, cannot be exchanged for real money or anything of value, and are licensed to you, not owned. They may be adjusted, rebalanced or removed as the Game changes (see Section 7).

The optional account and cloud save

You can play without an account. If you choose Sign in with Apple and subscribe, we keep a copy of your game on our servers while your subscription is active, so it can be restored on another device. If your subscription ends, we keep your last cloud save so you can still restore it, but it is no longer updated. If you are signed in without a subscription, nothing about your game is sent to us. You can delete your account and its cloud save at any time in the Game (Settings → Delete Account). We do not guarantee that saved progress, on your device or ours, will never be lost.

6. Purchases and the subscription

The Game is free to download. An optional auto-renewing subscription (currently monthly or yearly) adds benefits described in the Game, such as more bag space and the Chest. Purchases are made through Apple and are governed by Apple's terms: payment is charged to your Apple Account, the subscription renews automatically unless cancelled at least 24 hours before the end of the current period, and you manage or cancel it in your Apple Account settings. If the price changes, you will be told through Apple before the new price applies. Deleting the Game or your account does not cancel a subscription. Refunds are handled by Apple under its policies; Redvad cannot issue them.

What the subscription includes may change as the Game develops. If it does, the benefits listed in the Game when you paid for your current period stay available to you until that period ends.

7. Early release: the Game will change

Luck of Heroes is an early release. It is fully playable today and will keep growing, and it will change based on player feedback. Content, balance, rewards, features, prices of in-game items, and the benefits of the subscription may be added, adjusted or removed. We will try to preserve your progress through updates, but in rare cases a change may require adjusting or resetting some progress; we will tell you in the Game before any change that does. Features may be unavailable from time to time, and we may stop offering the Game. If we stop offering the Game, we will give reasonable notice in the Game where we can.

8. Disclaimers and limitation of liability

No warranty

The Game is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Game will be uninterrupted, error-free, or that location, distance or health figures will be accurate.

Limit of liability

To the fullest extent permitted by law, Redvad will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, progress or goodwill, arising out of or related to the Game or these Terms, even if advised of their possibility. Redvad's total liability for all claims arising out of or related to the Game or these Terms will not exceed the greater of (a) the amount you paid to use the Game in the twelve months before the claim, or (b) US $50.

Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited, so some of the above may not apply to you; in that case they apply to the fullest extent allowed. Nothing in this section excludes or limits liability that cannot be excluded or limited under the law of the country where you live (see Section 2).

9. Indemnity, governing law, disputes and changes

Indemnity. You agree to indemnify and hold harmless Redvad and its members, managers, employees and contractors from third-party claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) unlawful conduct while playing, including trespass, or (c) injury or damage you cause to another person or their property while playing. This does not apply to the extent a claim is caused by Redvad, and does not apply where the consumer law of the country where you live does not allow it.

Governing law. These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Washington County, Utah, and you and Redvad consent to their jurisdiction. To the extent permitted by law, you and Redvad each waive the right to bring or take part in a class or representative action. If you live in the European Union, the United Kingdom, Australia or another country whose consumer law lets you bring a claim in your own courts or under your own law, nothing in this section takes that right away.

Termination. We may suspend or end your access to the Game or your account if you breach these Terms. You may stop using the Game at any time. Sections 2, 3, 4, 8, 9 and 10 survive termination.

Changes. We may update these Terms. When we make a material change we will tell you in the Game and ask you to accept the updated Terms before your next walk; if you do not accept, you can stop using the Game. Continuing to use the Game after a change takes effect means you accept it. The version and effective date are at the top of these Terms; earlier versions are available at the page where these Terms are published.

General. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, Apple's terms for your purchase, and the Privacy Policy are the entire agreement between you and Redvad about the Game. You may not assign these Terms; we may assign them to a successor to the Game or the studio. Notices to you may be given in the Game or at the App Store; notices to us go to the contact details below.

Contact. Redvad Entertainment LLC, 231 N 3600 W, Hurricane, Utah 84737, USA, +1 435-231-4457, contact@redvad.com.

10. Apple's terms

These provisions apply if you obtained the Game from Apple's App Store.

• Acknowledgement. These Terms are between you and Redvad only, not with Apple Inc. ("Apple"). Redvad, not Apple, is solely responsible for the Game and its content.
• Scope of licence. The licence in Section 5 is limited to a non-transferable licence to use the Game on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Game may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Redvad is solely responsible for providing any maintenance and support for the Game. Apple has no obligation to furnish any maintenance or support for it.
• Warranty. Redvad is solely responsible for any product warranties not effectively disclaimed. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Game. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are Redvad's responsibility, subject to these Terms.
• Product claims. Redvad, not Apple, is responsible for addressing any claims by you or a third party relating to the Game or your possession and use of it, including (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Game's use of the HealthKit framework.
• Intellectual property rights. If a third party claims that the Game or your possession and use of it infringes that third party's intellectual property rights, Redvad, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Questions, complaints or claims about the Game go to Redvad Entertainment LLC, 231 N 3600 W, Hurricane, Utah 84737, USA, telephone +1 435-231-4457, email contact@redvad.com.
• Third-party terms. You must comply with any applicable third-party terms when using the Game, such as your wireless data service agreement.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.