These Terms of Use ("Terms") govern your access to and use of the Trivia Shmivia mobile application (the "App"), operated by Berry Duo LLC ("Company," "we," "us," or "our").

1. Acknowledgement

You and Berry Duo LLC acknowledge that these Terms are concluded between you and Berry Duo LLC only. Berry Duo LLC is solely responsible for the App and the content thereof.

2. Eligibility

The App is not intended for children. You must be at least 13 years old to use the App. By using the App, you represent that you meet this requirement.

3. Account Creation and Anonymity

No email address, phone number, or real-world identity is required to create an account.

Each user is assigned a randomly generated username by default. You may choose to change your username, and you are solely responsible for ensuring that any username you select does not include personal, identifying, offensive, or inappropriate information.

Authentication is handled via an anonymous token stored securely on your device (including iCloud Keychain, where available). If this token is lost (for example, due to device loss, app deletion, or system reset), your account and progress may not be recoverable.

4. Usernames, Leaderboards, and Social Features

Usernames are visible to other users in global and friends-only leaderboards. Your displayed progress and rankings are associated with your username.

Users may send and receive friend requests. You may remove friends at any time. The App does not currently provide in-app reporting, blocking, or muting of other users. By using the App, you acknowledge that usernames and leaderboard data are visible to others.

We reserve the right to modify usernames, reset progress, suspend accounts, or remove users from leaderboards to protect the integrity of the App.

5. Acceptable Use

You agree not to cheat, use bots, reverse engineer, or interfere with the App's network functionality. Violation of these rules may result in enforcement actions including progress resets, suspension, or permanent bans.

6. Subscriptions and In-App Purchases

The App offers an auto-renewing subscription processed through Apple's In-App Purchase system.

• Automatic Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Management: You can manage your subscription and turn off auto-renewal in your App Store Account Settings after purchase.
• Billing & Refunds: Payment and renewal are handled entirely by Apple. All refund requests are subject to Apple's policies and must be processed directly through Apple.

7. Intellectual Property

All trivia questions, design elements, and content in the App are owned by Berry Duo LLC. You are granted a limited, non-exclusive, non-transferable license to use the App for personal use only.

8. Data Loss and Availability Disclaimer

We do not guarantee uninterrupted service or data persistence. Data or progress may be lost due to bugs, updates, or server issues. To the fullest extent permitted by law, we disclaim liability for any loss of data or virtual benefits.

9. No Gambling or Real-Money Prizes

The App does not offer gambling or real-money prizes. All rewards are virtual and have no cash value.

10. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms.

11. Disclaimers

The App is provided "as is" without warranties of any kind. We strive for accuracy but do not guarantee the correctness of trivia answers.

12. Limitation of Liability

To the maximum extent permitted by law, Berry Duo LLC shall not be liable for any indirect or consequential damages. Our total liability shall not exceed the amount you paid to use the App in the preceding twelve (12) months.

13. Governing Law

These Terms are governed by the laws of the United States and the State of Washington, without regard to conflict-of-law principles.

14. Privacy

Your use of the App is also governed by our Privacy Policy, available at: https://triviashmivia.berryduo.com/privacy/

15. Apple Devices

For users who installed the App from the Apple App Store, your use of this App is governed by the Apple Standard Licensed Application End User License Agreement (“Standard EULA”), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

These Terms and Conditions serve as Supplemental Terms to the Standard EULA. In the event of any conflict between these Terms and the Standard EULA, these Terms shall govern, provided they do not conflict with Apple's required terms or the App Store Review Guidelines.

In addition, the following provisions apply with respect to your use of the App on an iOS device, where not conflicting with Apple's required terms or the App Store Review Guidelines:

• Maintenance and Support: Berry Duo LLC is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services.
• Warranty: In the event of any failure of the App 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 will have no other warranty obligation.
• Product Claims: Berry Duo LLC, not Apple, is responsible for addressing any claims relating to the App or your possession/use of the App, including product liability, legal/regulatory compliance, or consumer protection claims.
• Intellectual Property Rights: In the event of a third-party claim of intellectual property infringement, Berry Duo LLC, not Apple, will be solely responsible for the investigation, defense, and settlement of such claim.
• Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.

16. Changes to These Terms

We may update these Terms from time to time. Continued use of the App constitutes acceptance of the updated Terms.

17. Contact Information

Questions or claims should be directed to: [email protected].