Terms of Use

These Terms of Use ("Terms") govern your use of the Dungeons & Heartbeats mobile application ("the App"). The App is developed, published, operated, and owned by Ensonova LLC ("Ensonova", "we", "us", "our"). By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

The App is rated 12+ on the Apple App Store. If you are a minor under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian, who must read and agree to these Terms on your behalf, decide whether heart rate based exercise is appropriate for you, and supervise your use of the App.

2. License to use the App

Subject to your compliance with these Terms, Ensonova grants you a limited, personal, non transferable, non sublicensable, non exclusive, revocable license to install and use one copy of the App on a device that you own or control, for your own personal and non commercial use. All rights not expressly granted are reserved.

You receive the App from the Apple App Store, and your use is also subject to the Apple Media Services Terms and Conditions. Where there is a direct conflict between the store terms and these Terms, the store terms prevail with respect to your acquisition of the App and your relationship with the store operator.

3. Apple specific terms

These Terms are between you and Ensonova only, not with Apple Inc. Apple is not responsible for the App or its content. 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 any purchase price to the extent required; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the App or your use of it infringes that third party's intellectual property rights. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and may enforce them against you.

4. Health, fitness, and assumption of risk

The App is a fitness game intended for general wellness and entertainment. It is not a medical device, and it does not provide medical, clinical, or professional health advice, diagnosis, or treatment. The heart rate zones, calorie estimates, and other figures the App shows are approximations for a game, not clinical measurements, and should not be relied on for any medical purpose.

Physical exercise carries inherent risks, and exercise driven by heart rate targets can be intense. You are responsible for exercising within your own limits. By using the App you acknowledge and agree that:

• You should consult a qualified physician before beginning this or any exercise program, especially if you have a heart or other medical condition, are pregnant, take medication that affects your heart rate, or are new to vigorous exercise.
• You will stop immediately and seek medical help if you experience chest pain, dizziness, faintness, unusual shortness of breath, or any other warning sign.
• You assume full responsibility for the risks of physical activity undertaken while using the App, to the maximum extent permitted by law.

5. Health data and your privacy

The App reads heart rate and certain health details from Apple Health to run the game and personalize your zones, and can write completed workouts back to Apple Health, all with your permission and all on your device. How this works is described in our Privacy Policy, which forms part of these Terms.

6. No account

The App does not require you to create an account or to give us your name, email, or any other contact information. Your progress and settings live on your device.

7. Acceptable use

You agree not to do any of the following with the App:

• Reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent this restriction is prohibited by applicable law.
• Modify, adapt, translate, or create derivative works from the App.
• Remove, alter, or obscure any proprietary notices in the App.
• Use the App in any way that violates any law or regulation, or any third party right.
• Use any automated means, or attempt to falsify heart rate or health inputs in a way that could put you at risk.

8. Intellectual property

The App, including its name, logos, pixel art, characters, dungeons, music, copy, and code, is owned by Ensonova and is protected by United States and international copyright, trademark, and other intellectual property laws. "Dungeons & Heartbeats" and "Ensonova" are trademarks of Ensonova LLC. These Terms do not grant you any rights in those trademarks or any other rights in the App other than the limited license in section 2.

9. Purchases, taxes, refunds

If the App, or any feature or item within it, is offered for a price, that price is shown in the Apple App Store at the time of purchase and may include taxes depending on your country, in line with the store operator's rules. Purchases are processed by Apple, and refunds are handled by Apple under its own policies. We do not process payments or refunds directly. We may change pricing at any time, with effect for future purchases only.

10. Updates and changes to the App

We may release updates from time to time that add, change, or remove features. Some updates may be required for security or compatibility, and your device may install them automatically depending on your store settings. We are not obligated to continue offering any specific feature, dungeon, class, or piece of content, and we may end support for older operating system versions in line with normal industry practice.

11. Disclaimer of warranties

The App is provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. Ensonova disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the App will be uninterrupted, error free, or accurate, that heart rate or calorie figures will be precise, or that the App will meet your requirements.

12. Limitation of liability

To the maximum extent permitted by law, Ensonova and its members, officers, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of, or inability to use, the App, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of the amount you paid for the App in the twelve months before the claim, or five United States dollars. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless Ensonova from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your misuse of the App, your violation of these Terms, or your violation of any law or third party right.

14. Governing law

These Terms are governed by the laws of the jurisdiction in which Ensonova operates, without regard to its conflict of law provisions. You agree to the personal jurisdiction of the courts located there for any dispute that is not subject to arbitration or small claims court.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, or severed if it cannot be modified, and the remaining provisions will continue in full force and effect.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the date at the top of this page. Your continued use of the App after a change means you accept the updated Terms.

17. Contact

Questions about these Terms can go to support@ensonova.com.