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These Terms of Service (“Terms”) are a binding agreement between you and Dominion Labs Inc. (“Dominion Labs,” “we,” “us,” or “our”) governing your access to and use of our websites (including dmnlabs.org), our mobile applications (including Perfect Circle: One Tap and our other games), and our related products and services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
PLEASE NOTE: These Terms contain a binding arbitration provision and a class-action waiver that affect your legal rights. Please review the “Dispute Resolution” section below.
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Services. If you are a minor in your jurisdiction, you may use the Services only with the involvement and consent of a parent or legal guardian. By using the Services, you represent that you meet these requirements and can form a binding contract.
Some features require an account, which you may create directly or through a third-party sign-in provider such as Google or Apple. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to provide accurate information and to notify us of any unauthorized use.
Subject to your compliance with these Terms, Dominion Labs grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal or internal business use as intended. We reserve all rights not expressly granted.
The Services — including all software, code, graphics, designs, audio, text, and other content, and all intellectual-property rights therein — are owned by Dominion Labs or its licensors and are protected by law. “Dominion Labs,” “Perfect Circle: One Tap,” and associated logos are our trademarks and may not be used without our prior written permission.
Paid features and purchases are processed through our payment processors — Square on the web and Apple for in-app purchases — under their terms and payment methods. Prices are shown at the point of purchase and may change. You are responsible for any applicable taxes. Refunds for in-app purchases are handled by Apple under Apple’s policies; other refunds are governed by the terms presented at purchase and applicable law.
Our games may allow you to earn or purchase virtual coins, cosmetic items, power-ups, and other virtual items (“Virtual Items”). Virtual Items are licensed, not sold, to you.
You agree not to:
Our games are supported by third-party advertising. Advertisements and the products or services they promote are the responsibility of the advertisers and ad networks, not Dominion Labs. Where offered, you may purchase ad removal as an in-app purchase; certain optional rewarded advertisements may remain available.
If you submit feedback, suggestions, or ideas about the Services, you grant Dominion Labs a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that feedback for any purpose without any obligation or compensation to you.
The Services rely on and interoperate with third-party services, including authentication providers (Google, Apple), payment processors (Square, Apple), advertising networks, analytics providers, and app stores. Your use of those services may be subject to their own terms and policies, and we are not responsible for third-party services.
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose personal information. By using the Services, you acknowledge the Privacy Policy.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMINION LABS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR VIRTUAL ITEMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
To the extent permitted by law, you agree to indemnify and hold harmless Dominion Labs and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Services or your violation of these Terms or applicable law.
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or to protect the Services or other users. Upon termination, the licenses granted to you end and you must stop using the Services. Provisions that by their nature should survive termination will survive.
We may modify, update, suspend, or discontinue the Services or any feature at any time. We may also revise these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
Please read this section carefully — it affects your legal rights.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve it informally for at least 30 days before either party initiates arbitration.
Except where prohibited by law, you and Dominion Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted by a recognized arbitration provider under its applicable rules.
You and Dominion Labs agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your request to opt out. If you opt out, or where arbitration is not permitted, disputes will be resolved in the courts described below.
Nothing in this section prevents you from exercising mandatory consumer-protection rights under the laws of your country of residence, and consumers in the EEA and UK may bring claims in their local courts.
Except where prohibited or where mandatory local law applies, these Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Where arbitration does not apply, the state and federal courts located in that state will have exclusive jurisdiction, subject to any mandatory rights you have under the law of your country of residence.
These Terms and the Privacy Policy are the entire agreement between you and Dominion Labs regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms may be sent to [email protected].