Terms of Service

Effective Date: April 15, 2026

These terms ("Terms of Service") regulate the relationship between you and The Game Licensor, a Romanian developer with his principal office at 20 Stefan Stoica St., Bucharest, Romania, 012244 (referred to as "The Game Licensor", "Mark Fourier", "We," or "Us"), concerning your access to and use of the games, store, websites, and related services (the "Service") provided by The Game Licensor. The Service is further governed by The Game Licensor's Privacy Policy and other applicable policies, which are incorporated by reference.

Prior to accessing or using the Service — including browsing the igutinstinct.com website or launching the iGut Instinct™ mobile app game — you must accept these Terms of Service and the Privacy Policy. By using the Service, you confirm that you have reached the legal age of majority in your jurisdiction. If you have not, your legal guardian must review and consent to these Terms of Service.

BY INSTALLING, USING, OR ACCESSING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT INSTALL, USE, OR ACCESS THE SERVICE. THE SERVICE IS VOID WHERE PROHIBITED BY LAW.

The Game Licensor reserves the right to modify, amend, or remove portions of these Terms of Service, the Privacy Policy, or other policies at any time by posting updated terms on the Service. Continued use constitutes acceptance of such changes. If you disagree with any updated terms, your right to use the Service ceases immediately, and you must discontinue all use.

These terms apply for all your devices and remain in force across application reinstallations or updates without having to be re-accepted. For example, but not limited to, logging a device into iCloud (iOS, iPhone, iPad, etc.) or Google (Android devices) (but not limited to these) means that's "your" device - the app will download application state settings or game saves which may include settings related to wether these terms were already accepted or not.

1. Using the Service

1.1. Your Right to Use the Service

The iGut Instinct™ app is made available only in select regions. In particular, the iGut Instinct™ app is not available in any country of the European Union.

While runnig the iGut Instinct™ app, regardless of where you live or travel, you MAY NOT circumvent the Apple Store region checks or spoof your IP address via VPNs or other means.

You MAY NOT play the iGut Instinct™ game in prohibited regions.

Provided you comply with these Terms of Service and all other The Game Licensor policies, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service solely for personal, non-commercial entertainment. Any other use is prohibited.

The following restrictions apply:

You are responsible for activity conducted through your device or account, including purchases made by minors using your payment methods, subject to applicable law and platform policies.
You may not use the Service for advertising, solicitation, or transmitting commercial content, including spam, chain letters, or repetitive messages.

Use Limitations

Violations of these restrictions may result in immediate revocation of your access and potential legal liability.

You agree not to:

Reverse engineer, decompile, or derive source code from the Service.
Use the Service for gambling, betting, or similar activities.
Engage in acts contrary to the Service's intent or misuse The Game Licensor support services.
Use cheats, exploits, bots, hacks, mods, or unauthorized third-party software to interfere with the Service or games.
Disrupt gameplay, manipulate rankings, exploit errors, or otherwise harm other users' experience.
Overload servers or networks supporting the Service.
Launch attacks (e.g., viruses, denial-of-service) against the Service or other users.
Modify any Service files without The Game Licensor's express written permission.
Attempt unauthorized access to accounts, systems, or networks connected to the Service.
Post abusive, threatening, defamatory, obscene, or otherwise objectionable content.
Share nudity, excessive violence, or offensive material.
Violate export controls, anti-money laundering laws, or sanctions.
Harass, abuse, or incite harm against others, including The Game Licensor staff.
Infringe intellectual property rights or impersonate others.

The Game Licensor retains sole discretion to determine violations and may take action, including suspending or terminating access.

1.2. Suspension and Termination of Service

WITHOUT LIMITING OTHER REMEDIES, THE LICENSOR MAY LIMIT, SUSPEND, TERMINATE, OR DELETE ACCESS TO THE SERVICE WITHOUT NOTICE IF: (i) YOU BREACH THESE TERMS; OR (ii) YOU ENGAGE IN ILLEGAL OR IMPROPER USE. TERMINATION MAY RESULT IN LOSS OF ACCOUNT DATA, VIRTUAL ITEMS, AND PURCHASES, WITH NO OBLIGATION FOR COMPENSATION.

WE MAY SUSPEND OR TERMINATE ACCOUNTS, RESTRICT ACCESS, OR REMOVE CONTENT IF USERS CREATE LEGAL RISKS, INFRINGE THIRD-PARTY RIGHTS, OR VIOLATE OUR TERMS OR POLICIES. REPEAT INFRINGERS MAY FACE PERMANENT ACCOUNT TERMINATION.

THE LICENSOR MAY DISCONTINUE THE SERVICE OR ANY GAME AT ANY TIME, WITHOUT OBLIGATION TO PROVIDE REFUNDS OR COMPENSATION. TERMINATION INCLUDES DISABLING ACCESS TO SUBMITTED CONTENT.

2. Ownership

2.1. Games and Service

All rights, title, and interest in the Service (including games, code, artwork, characters, music, off-device software and server software) are owned by The Game Licensor or its licensors. No intellectual property rights are transferred unless explicitly stated for specific components.

Section 12 has additional information on third party software components and licenses.

2.2 Grant of License

Subject to your compliance with these Terms of Service and any applicable platform terms (including Apple’s App Store Terms of Service and Google Play Developer Distribution Agreement), iGut Instinct™ (“the Game”) is licensed, not sold, to you by Copyright Owner (pseudonym: Mark Fourier) ("Licensor") for your personal, non-commercial use on a single device that you own or control.

This license allows you to:

download, install, and use the Game for entertainment purposes,
access updates and features provided by the Licensor,
use the Game only as permitted by these Terms and applicable law.

2.3 Restrictions

You may not:

copy, modify, distribute, or create derivative works of the Game,
reverse engineer, decompile, or attempt to extract the source code,
remove or alter any proprietary notices or labels,
use the Game for any commercial purpose without prior written consent.

2.4. Platform Requirements

Your license to use the Game is subject to the terms and conditions of the platform from which you downloaded the Game:

iOS Users: The Game is licensed under Apple’s App Store terms and may be revoked or terminated by Apple if you violate Apple’s policies.

2.5. License Termination

This license is effective until terminated. It will automatically terminate without notice if you fail to comply with any term of these Terms of Service or if your access is revoked by the platform provider.

Upon termination, you must:

stop using the Game,
delete all copies from your devices,
uninstall any related software.

2.6. Game generated content

YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN GAME GENERATED CONTENT SUCH AS SAVE GAME FILES OR GAME PROGRESS FILES. ALL RIGHTS REMAIN WITH The Game Licensor OR THE GAME LICENSORS OR THE ORIGINAL OWNERS OF THE CONTENT THE GENERATED CONTENT IS DERIVED FROM OR AS SPECIFIED IN GAME ATTACHED LICENSES FOR SPECIFIC CONTENT AND ASSETS.

2.7. Virtual Content

The Game Licensor owns or licenses all Service content, including virtual items, currency, and features. YOU HAVE NO RIGHT OR TITLE TO SUCH CONTENT, WHETHER EARNED OR PURCHASED.

3. Fees and Purchase Terms

3.1. Purchases

Within the Service, you may acquire, using real-world currency, a restricted, personal, non-transferable, non-sublicensable, and revocable license to utilize:
(a) virtual currency (e.g., virtual balloons or gold rings) for use in The Game Licensor games;
(b) virtual in-game items, content, or features; and
(c) other goods or services (collectively, "Virtual Items").
Purchases of Virtual Items may only be made through the Service or authorized partners, and no alternative methods are permitted.

You explicitly acknowledge that The Game Licensor will commence fulfillment of the purchase agreement for Virtual Items or digital content before the expiration of any statutory withdrawal period under applicable law. By proceeding, you consent to immediate delivery of purchased content, thereby forfeiting your statutory right of withdrawal.

The Game Licensor reserves the right to oversee, adjust, restrict, alter, or discontinue Virtual Items at any time without prior notice. To the maximum extent permitted by law, The Game Licensor bears no liability to you or third parties for such actions.

Transfer of Virtual Items is strictly prohibited unless explicitly permitted within the Service. Unauthorized transactions—including sales, purchases, redemptions, or transfers to any entity (including The Game Licensor, users, or third parties)—are expressly forbidden.

ALL VIRTUAL ITEM PURCHASES AND REDEMPTIONS ARE FINAL AND NON-REFUNDABLE, except as required by applicable law and platform rules.

Virtual Items are provided as a service by The Game Licensor, effective immediately upon purchase acceptance.

If the purchase occurred on an Apple (iOS) device then The Game Licensor is not able to issue refunds for iOS purchases. Please visit https://support.apple.com (Apple Support), click "Contact Us", then choose "Billing & Subscriptions" and follow the option that best fits your request, such as "Request a refund". Please visit https://support.apple.com/billing (Apple Account / Billing) to manage your subscriptions, view your purchase history and other billing related issues.

Apple Account subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Payment will be charged to your Apple Account at confirmation of purchase. Your account will be charged for renewal within 24 hours before the end of the current period. You can manage and cancel your subscription in your Apple Account Settings.

3.2. Payment of Fees

You agree to cover all fees and taxes incurred through the Service, whether by you or users of your devices. The Game Licensor may modify Virtual Item pricing at any time. YOU ACKNOWLEDGE THAT THE LICENSOR IS UNDER NO OBLIGATION TO ISSUE REFUNDS, AND UNUSED VIRTUAL ITEMS WILL NOT BE COMPENSATED UPON SERVICE DISCONTINUATION, regardless of the reason.

3.4. Prohibition on Save Data Transfer and Backup Selling

The Game and its Virtual Items are intended for your personal, non-commercial use on a single device. You are strictly prohibited from:

Transferring Local Data: You may not copy, export, or transfer Game save files, local database files, or application state data to another user or another user's device for the purpose of selling or trading Game progress or Virtual Items.
Credential Sharing: You may not share or trade iCloud, Google Play, or other platform credentials to facilitate the transfer of Game save data to a third party.
Hardware/Backup Sales: You may not sell or trade physical devices or device backups with the intent of transferring "pre-loaded" progress or Virtual Items to another person for real-world value.
No Derivative Value: You acknowledge that Game save files are the copyrighted, creative expression of The Game Licensor. Any "value" within a save file is purely for your personal entertainment and cannot be extracted, sold, or redeemed for any real-world currency or goods.

Any attempt to circumvent these restrictions through technical manipulation, cloud-sharing exploits, or hardware transfers constitutes a material breach of this license and will result in the immediate revocation of your right to use the Service.

4. Service Updates

The Service is dynamic and subject to evolution. The Game Licensor may require you to accept updates for the Service or its games installed on your device. Updates may occur without prior notice. Third-party software updates may also be necessary to access the Service or games.

The iGut Instinct™ app is a dynamic crossword puzzle experience. Words, definitions, puzzles, scoring mechanisms, and gameplay elements may be added, modified, or removed at any time without prior notice.

5. Disclaimer of Warranties

TO THE EXTENT NOT LIMITED BY SECTION 6, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE LICENSOR DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE SERVICE ACCESS, NOR TIMELY DEFECT CORRECTION.

Certain jurisdictions may not allow warranty exclusions; thus, some disclaimers above may not apply to you.

6. Liability Limitations; Exclusive Remedies; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR AND ITS LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES (E.G., LOST PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING FROM THESE TERMS OR THE SERVICE, REGARDLESS OF LEGAL THEORY. THE LICENSOR'S LIABILITY IS CAPPED AT THE AMOUNT YOU PAID IN THE PRIOR SIX (6) MONTHS. IF NO PAYMENT WAS MADE, YOUR SOLE REMEDY IS TO DISCONTINUE SERVICE USE.

NOTHING HEREIN LIMITS STATUTORY CONSUMER RIGHTS OR LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH, OR PERSONAL INJURY.

You agree to indemnify and hold harmless The Game Licensor and its licensors from and against any third-party claims arising from your unlawful use of the software products or your violation of these terms, to the extent permitted by law.

To the extent permitted by applicable law, and subject to their respective privacy policies and legal obligations, app store operators (including, without limitation, Apple Inc. and Alphabet Inc.) may disclose limited account and usage information in response to lawful requests, court orders, or other valid legal processes relating to disputes involving your use of software products published by or on behalf of The Game Licensor and/or its licensors.

7. Dispute Resolution

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the Romanian courts and governed by Romanian law.

8. Governing Law

Any claim or dispute related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Romania, without regard to conflict of law provisions.

9. Jurisdiction for Non-Arbitrable Disputes

Claims or disputes against The Game Licensor must be resolved exclusively in courts located in Ilfov, Romania.

10. Severability Clause

If any provision of these Terms of Service or the The Game Licensor Privacy Policy is deemed illegal or unenforceable by a court of competent jurisdiction:

The affected provision shall be invalid only to the extent of such ruling within that jurisdiction.
The remaining provisions shall remain in full force and effect.
The validity or enforceability of the provision in other jurisdictions shall not be impaired.

11. General Terms

11.1. Assignment Rights

The Game Licensor may assign or delegate these Terms of Service or the Privacy Policy, in whole or part, without your consent.
You may not assign or delegate any rights or obligations hereunder without The Game Licensor’s prior written consent. Any unauthorized assignment by you shall be void.

11.2. Additional Policies

The Game Licensor may introduce supplemental policies (e.g., for forums, contests). Use of such services is subject to those policies and these Terms.

11.3. Entire Agreement

These Terms of Service, incorporated documents (including the Privacy Policy), and supplemental policies constitute the entire agreement between you and The Game Licensor, superseding all prior oral, written, or customary understandings.

11.4. No Waiver

The Game Licensor’s failure to enforce any provision or right shall not waive its right to do so later.
An express waiver of any term shall not constitute a permanent waiver.
No modifications are binding unless made in writing and signed by both parties.

11.5. Notices

Notices from The Game Licensor may be delivered via email, or other provided contact methods.
Your notices must be in writing and sent to imakegamesforaliving@icloud.com.

11.6. Equitable Relief

You acknowledge that breaches of these Terms may cause irreparable harm to The Game Licensor, entitling it to injunctive relief without bond.
You waive rights to seek equitable relief against the Service’s operation or content, limiting claims to monetary damages (subject to Section 6).

11.7. Force Majeure

The Game Licensor is not liable for failures or delays caused by unforeseeable events beyond its reasonable control (e.g., acts of God, war, terrorism, strikes, or infrastructure failures).

11.8. Language; Prevailing Version

The original version of these Terms of Service is written in English.

Any translation is provided for convenience only.

Unless applicable law requires otherwise, in the event of any discrepancy, inconsistency, ambiguity, or conflict between the English-language version and any translated version, the English-language version shall prevail.

11.9. Support Communications

All support requests, including technical, billing, legal, and account-related matters, must be submitted in writing.

Support is currently provided in English only.

11.10. Eligibility and Age Requirements

By accessing or using the iGut Instinct™ app, you affirm that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher.

This service is strictly for adult use. If you are under this age, you are prohibited from making in-game purchases, subscribing or accessing the app. Any use of the service by an individual under the required age is unauthorized and constitutes a material breach of these Terms.

12. Third Party Licenses

The iGut Instinct™ app ships with, and makes use of, third party software components like dictionary databases, game engines, software libraries and fonts which are copyright of their respective owners and are licensed under various licenses: