These Terms of Service ("Terms") are an agreement between you and Jack Lewis, an individual doing business as Deck to Go ("Deck to Go", "we", "us"). They cover the Deck to Go app for iPhone and iPad, the browser version, and deck-to-go.com (together, the "Service"). By creating an account, joining a game, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy.
Please read section 13 carefully. It says that most disputes will be resolved by binding individual arbitration rather than in court, and that you give up the right to a jury trial or to take part in a class action. You can opt out within 30 days.
1. Who can use the Service
You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use it only with the involvement and permission of a parent or legal guardian, who agrees to these Terms for you. You may not use the Service if the law prohibits you from doing so.
2. Your account
- You can play as a guest without an account. Some features, such as hosting games, friends, match history and credits, need one.
- Give accurate information, keep your password secure, and tell us if you think someone else has accessed your account. You're responsible for activity on your account.
- One person, one account. Don't create accounts to collect extra free credits or to get around a suspension.
- You can delete your account at any time in the app under Profile → Delete account.
3. Using the Service
We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial entertainment, subject to these Terms. Deck to Go, its app, design, code, artwork and logos belong to us or our licensors. The traditional card games offered are not claimed as ours; our implementation and presentation of them are.
4. Rules of conduct
You agree not to:
- choose a display name, send a chat message, or submit a report or feedback, that is hateful, harassing, sexually explicit, threatening, impersonates someone, infringes someone's rights, or is otherwise unlawful;
- harass, threaten or abuse other players, including through repeated friend requests;
- cheat, exploit bugs, or use bots, scripts or modified clients to gain an advantage or automate play;
- interfere with or overload the Service, probe or breach its security, or access data or accounts that aren't yours;
- reverse engineer the Service except where the law allows it despite this restriction;
- sell, trade or transfer accounts or credits, or use the Service for gambling or any commercial purpose.
If you find a security problem, please report it to support@deck-to-go.com instead of exploiting it.
5. Display names and other content you submit
The only content players share with each other is display names and gameplay. There is no chat. You keep ownership of what you submit, and give us a worldwide, royalty-free license to host, display and use it as needed to run and improve the Service. You're responsible for what you submit.
We filter display names automatically but can't review everything, and we don't endorse what players submit. You can report a player's name in the app (Profile → Support → Report a player), block a player from your friends screen, or email support@deck-to-go.com. We may remove or rename content, and suspend or close accounts, that we reasonably believe break these Terms.
If you believe something on the Service infringes your copyright or trademark, email support@deck-to-go.com with the work, where it appears, your contact details and a statement that you're the owner or authorized to act for them.
6. Credits and purchases
- What credits are. Credits are a limited license to use a feature of the Service: hosting a match. New accounts receive free starting credits, and you can buy more in the app. Credits are not money, have no cash value, earn no interest, and can't be exchanged for cash, transferred, sold, or won from other players.
- How they're spent. The cost of a match is shown in the lobby before you start and is charged to the host when the match starts. Guests and other players aren't charged.
- Purchases are made through Apple. Apple processes payment under its own terms, and your purchase is with Apple as the seller of record. We never see your payment details.
- Changes. We may change credit prices, match costs, or the free starting balance. We won't take away credits already in your account, except as described below.
- When credits are lost. Unused credits, including purchased ones, are forfeited when you delete your account, or if we close your account for a serious or repeated breach of these Terms. If we stop offering the Service entirely, we'll give reasonable notice first.
7. Refunds
- Purchases. Because purchases are processed by Apple, refund requests go to Apple at reportaproblem.apple.com. We can't issue refunds for App Store purchases ourselves. If Apple refunds a purchase, the credits from it are removed from your account.
- Matches that never start. If a match doesn't start, nothing is charged.
- Matches that end early. Once a match starts, its credits are spent and aren't returned if the match ends early, for example because the host ends it or players leave.
- Problems on our side. If a fault in the Service costs you credits, email support@deck-to-go.com and we'll look into it and restore credits where appropriate.
Nothing in this section limits any refund right you have under the law that can't be waived.
8. If you downloaded the app from the App Store
These terms apply in addition to the rest of this agreement:
- These Terms are between you and Deck to Go only, not Apple. Deck to Go, not Apple, is solely responsible for the app and its content.
- Your license to the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- 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 the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
- Deck to Go, not Apple, is responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims the app or your use of it infringes their intellectual property, Deck to Go, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Questions, complaints or claims about the app go to Jack Lewis, support@deck-to-go.com.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
9. Other services
The Service relies on others, including Apple and Google for sign-in, Apple for payments, and hosting providers. Your use of their services is governed by their own terms, and we aren't responsible for them.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We don't promise that the Service will be uninterrupted, error-free or secure, that matches will always resume after a disconnection, or that any game or feature will stay available. Some places don't allow certain warranties to be disclaimed, so some of this may not apply to you.
11. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, DECK TO GO AND JACK LEWIS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR CREDITS IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $50.
These limits don't apply to liability that can't be limited by law, such as for gross negligence, willful misconduct, or death or personal injury caused by negligence where that rule applies.
12. Indemnity
To the extent the law allows, you agree to defend and indemnify Deck to Go against claims, losses and reasonable costs (including legal fees) arising from your breach of these Terms or your misuse of the Service.
13. Dispute resolution and arbitration
Talk to us first. Before starting a formal dispute, email support@deck-to-go.com with your name, account email, a description of the problem and what you want. We'll try in good faith to resolve it within 60 days. Either side can then proceed.
Binding individual arbitration. Except as stated below, you and Deck to Go agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at adr.org. The arbitrator decides all questions, including whether a Dispute is subject to arbitration, except that a court decides questions about the class action waiver below. The Federal Arbitration Act governs this section. Payment of filing and arbitrator fees follows the AAA Consumer Arbitration Rules, and we will pay any fees those rules assign to the business. Unless you and we agree otherwise, the arbitration takes place in the county where you live or by video, and if your claim is for $10,000 or less it may be decided on written submissions.
Exceptions. Either side may bring an individual claim in small claims court if it qualifies, and either side may ask a court for an injunction to stop infringement or misuse of intellectual property.
No class actions. YOU AND DECK TO GO MAY BRING DISPUTES ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) must be severed and brought in court as described below, and not in arbitration.
Opting out. You can opt out of this arbitration agreement by emailing support@deck-to-go.com within 30 days of first accepting these Terms, with the subject "Arbitration opt-out" and the email address on your account. Opting out doesn't affect any other part of these Terms.
Changes. If we change this section, the change won't apply to a Dispute we already knew about, and you can reject it by emailing us within 30 days of the change.
14. Governing law and courts
These Terms are governed by the laws of the State of Wisconsin and applicable U.S. federal law, without regard to conflict-of-law rules. Any Dispute not subject to arbitration will be brought only in the state or federal courts located in Wisconsin, and you and we consent to their jurisdiction. If you live outside the United States, you may also have the benefit of mandatory consumer protections of the country where you live.
15. Suspension and termination
You can stop using the Service and delete your account at any time. We may suspend or close your access if you break these Terms, if we're required to by law, or if we stop offering the Service. Where reasonable, we'll tell you why. Sections that by their nature should survive termination (including credits forfeiture, disclaimers, limitation of liability, indemnity and dispute resolution) will survive.
16. Changes to these Terms
We may update these Terms. We'll change the effective date above, and for material changes we'll give notice in the app or by email before they take effect. If you keep using the Service after changes take effect, you accept them. If you don't agree, stop using the Service and delete your account.
17. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a provision isn't a waiver. You can't transfer these Terms; we may transfer them to a successor, for example if the Service is moved to a company we form. Notices to you may be sent in the app or to your account email.
18. Contact
Jack Lewis, doing business as Deck to Go, Wisconsin, United States.
Email: support@deck-to-go.com