Terms of Use
In plain terms: you bought a game, it's yours to play on your Apple devices, please don't pirate or pull it apart, and we can't promise it's bug-free. Apple's standard licence terms also apply to anything you download from the App Store.
1. Agreement
These Terms of Use govern your use of software published by Portside Games ("we", "us"), including Undertow Explorer (the "App"), and of this website. By downloading, installing or using the App, you agree to these terms. If you don't agree, please don't use the App.
2. Apple's licence terms also apply
Apps distributed through the App Store are additionally covered by Apple's Licensed Application End User License Agreement. Where these terms and Apple's standard EULA conflict, Apple's standard EULA governs. Apple is not a party to these terms, but Apple and its subsidiaries are third-party beneficiaries of them and may enforce them against you.
3. Your licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service and any Apple Family Sharing rules that apply to your purchase. This is a licence to use the software — you do not own it.
4. What you may not do
- Copy, sell, rent, lease, sublicense or otherwise redistribute the App
- Reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits despite this restriction
- Remove or alter any copyright, trademark or other proprietary notices
- Use the App's assets, artwork, audio, name or branding in your own products
- Distribute modified versions, or circumvent any technical protection measures
5. Ownership
The App and everything in it — its code, artwork, sound, text, design and the Portside Games and Undertow Explorer names — remain our property or that of our licensors, and are protected by copyright and other intellectual property laws. Nothing in these terms transfers ownership of any of it to you.
6. Your content and your data
Your saved games, run journal and settings live on your device and belong to you. We don't collect, receive or store them — see the Privacy Policy for the detail. You are responsible for your own backups; deleting the App deletes its local data.
7. Updates and availability
We may release updates that change, add or remove features, and we may discontinue an app at any time. We aren't obliged to provide updates, support or maintenance, or to keep any particular feature working forever. Continued use after an update means you accept these terms as they then stand.
8. No warranty
The App is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these terms limits any consumer rights you have under the law of your country that cannot be waived by agreement.
9. Limitation of liability
To the fullest extent permitted by law, Portside Games will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, revenue or goodwill, arising out of or relating to your use of or inability to use the App — even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the App will not exceed the amount you actually paid for it.
10. Governing law
These terms are governed by the laws of the State of [jurisdiction to be inserted], United States, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located there, and you and we consent to that jurisdiction — except where the mandatory law of your country of residence requires otherwise.
11. Refunds
All purchases go through Apple, so refunds are handled by Apple under the App Store Terms of Service, not by us. Request one at reportaproblem.apple.com. If a problem with the game is what prompted it, we'd genuinely like to hear about it too.
12. Changes to these terms
We may revise these terms from time to time. The date at the top of this page shows the current version, and the revised terms take effect when posted here.
13. Contact
Questions about these terms:
support@portsideshirts.com