1) Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of the Ball Chaos – Animation Creator mobile application, websites, services, and any content or features provided by Michal Manak (“we,” “us,” or “our”). By downloading, installing, accessing, or using Ball Chaos (the “App”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
Informational only, not legal advice. Customize bracketed fields and consult counsel for your jurisdiction and use case.
2) Eligibility & Accounts
- You must be at least the age of digital consent in your country (13 in the U.S., 16 in parts of the EU) to use the App. If you are under the applicable age, you may use the App only with a parent or guardian’s consent and oversight.
- You are responsible for the security of your device and any credentials used to access the App. You must promptly notify us of any unauthorized use or security incident.
3) License & Restrictions
Subject to your compliance with these Terms, we grant you a limited, personal, non‑exclusive, non‑transferable, revocable license to install and use the App on iOS devices you own or control, as permitted by Apple’s App Store Terms.
- You may not: reverse engineer, decompile, or attempt to access source code; bypass or disable security or DRM; use the App to create a competing product; or use the App for unlawful, infringing, or harmful activities.
- You may not access, scrape, or harvest any content or data from the App by automated means unless expressly permitted in writing.
4) User‑Generated Content (Animations, Scenes, Music)
The App enables creation, upload, storage, sharing, liking, duplication, deletion, and distribution of animations, scenes, and audio (including MIDI files/tones) (collectively, “UGC”). You are solely responsible for your UGC and for obtaining all necessary rights, licenses, consents, and permissions to use and share it.
- Ownership: You retain ownership of your UGC. By submitting UGC to or through the App, you grant us a worldwide, non‑exclusive, royalty‑free, sublicensable and transferable license to host, cache, store, reproduce, adapt, translate, display, perform, transmit, and distribute your UGC in and through the App and our related services for the purpose of operating, improving, promoting, and providing the App’s features (including trending, viral, premium tabs, and templates).
- Public Sharing & Leakage: If you mark UGC as public or share it, other users may view, capture, copy, remix, download, or re‑share it. We are not responsible for any use or leakage of UGC once you make it public, and you waive any claims against us relating to such sharing.
- Music & Copyright: The App may support audio features (e.g., MIDI tones synced to bounces) and user uploads to our servers. You must not upload or use audio for which you lack rights. We disclaim responsibility for copyright or other IP violations arising from UGC and may remove or disable access to allegedly infringing UGC at our sole discretion.
- Community Content: Tabs showing trending, viral, or premium scenes may include UGC from other users. We do not endorse, control, vet, or guarantee such content and assume no responsibility for its legality, accuracy, safety, or quality.
- Moderation; Takedown: We may (but are not obligated to) moderate UGC. We may remove, disable, or refuse to display any UGC at any time for any reason, including suspected infringement, illegality, or policy breach, without notice or liability.
5) Copyright Complaints & Takedown
If you believe UGC infringes your rights, please submit a notice to ballchaos@proton.me with: (i) identification of the work claimed infringed; (ii) identification of the material claimed infringing and its location in the App; (iii) your contact information; (iv) a statement under penalty of perjury that you have a good‑faith belief that the use is not authorized; and (v) your signature. We may disable or remove allegedly infringing UGC at our discretion.
6) Purchases; Subscriptions
Paid features (e.g., premium tabs or modes) may be offered via in‑app purchase or subscription processed by Apple. Pricing, billing cycles, refunds, free trials, and cancellations are governed by Apple’s terms and local law. We may change features, pricing, or availability at any time.
7) Third‑Party Services & Ads
The App may incorporate third‑party SDKs and services (e.g., analytics and advertising). Your use of those features is subject to the providers’ terms and policies. We are not responsible for third‑party content, services, or availability.
8) Data Backup & Storage
We may host UGC to enable features like sharing, duplication, and trending. However, we are not a backup service, and you are solely responsible for maintaining copies of your UGC. We are not liable for loss, corruption, or deletion of UGC, whether caused by you, us, or any third party.
9) Acceptable Use
- No illegal, infringing, harmful, harassing, hateful, or deceptive content or behavior.
- No attempts to gain unauthorized access, interfere with the App, or burden our infrastructure.
- No uploading of malware, exploits, or content that violates privacy or publicity rights.
10) Disclaimers
THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON‑INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR THAT CONTENT WILL BE PRESERVED.
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $10.
You acknowledge that public UGC may be copied or leaked and agree we have no responsibility arising from such dissemination once you make UGC public.
12) Indemnification
You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your UGC; (ii) your use of the App; (iii) your violation of these Terms; or (iv) your violation of any law or third‑party rights.
13) Suspension & Termination
We may suspend or terminate your access to the App, remove UGC, or block distribution at any time, with or without notice, for any reason. Upon termination, provisions that by their nature should survive (e.g., licenses to UGC already shared, disclaimers, limitations of liability, and indemnities) will survive.
14) Apple Terms; Third‑Party Beneficiary
You acknowledge that these Terms are between you and us, not Apple. Apple has no responsibility for the App or its content. Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them as it relates to your license of the App on iOS devices.
16) Changes to the App or Terms
We may modify or discontinue the App (in whole or part) at any time without liability. We may update these Terms by posting a revised version in the App or on our website with an updated “Effective” date. Your continued use after changes constitutes acceptance.
17) Contact
Questions? ballchaos@proton.me | Michal Manak
18) Entire Agreement
These Terms and any policies referenced herein (including the Privacy Policy) constitute the entire agreement between you and us regarding the App and supersede prior or contemporaneous agreements on that subject.