01Agreement to these terms
These Terms of Service ("Terms") are a legal agreement between you and Vexil LLC ("Vexil", "we", "us" or "our"), a New Mexico limited liability company. They govern your use of our website at vexil.io, our apps and games including Blink, Bone Yard and Junk Magnet, and related services (together, the "Services").
By using the Services, you agree to these Terms. If you don't agree, please don't use the Services.
02Eligibility
You must be at least 13 years old to use the Services, or the minimum age required in your country. If you are under the age of majority where you live, you may use the Services only with the permission of a parent or guardian.
03Apps and games from app stores
If you get one of our apps or games from Apple's App Store, your use of it is also governed by Apple's Licensed Application End User License Agreement and the App Store Terms. If those terms conflict with these Terms, Apple's terms control for that product. If you get it from Google Play, the Google Play Terms of Service also apply. Vexil, not Apple or Google, is responsible for our products and their content.
Purchases, subscriptions and refunds are handled by the store you bought from. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can manage or cancel them in your App Store or Google Play account settings. To request a refund, contact Apple through reportaproblem.apple.com, or follow Google Play's refund process.
04License to use the Services
Subject to these Terms, Vexil grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for your own personal or internal business purposes. You may not copy, modify, distribute, sell or lease any part of the Services, and you may not reverse engineer or try to extract their source code, except where the law permits it despite this restriction.
05Acceptable use
You agree not to:
- break any applicable law or regulation;
- infringe the intellectual property or other rights of others;
- use the Services to create or spread harmful, abusive, deceptive or illegal content;
- interfere with or disrupt the Services, or try to gain unauthorized access to our systems;
- distribute malware or engage in any malicious activity; or
- impersonate any person or entity, or misrepresent your connection to them.
06Games and virtual items
Our games may include in-game currency, items, unlocks and rewards ("Virtual Items"), such as bones in Bone Yard or coins and parts in Junk Magnet. Virtual Items have no real-world monetary value, can't be exchanged for money or anything of value, and can't be transferred or sold. You receive a limited license to use them within the game, not ownership of them.
Because progress is usually stored on your device, deleting a game or changing devices may erase your progress and Virtual Items, and we may not be able to restore them. We may change game balance, content and rewards as we update our games.
Don't cheat, exploit bugs, or use tools that modify a game or give you an unfair advantage, including in multiplayer modes.
07AI-powered features
Some Services may include features powered by artificial intelligence. AI output can be inaccurate, incomplete or unexpected, and similar output may be produced for other users. You are responsible for reviewing output before you rely on it. AI output is not professional advice. Subject to these Terms and applicable law, you own the content you create with our Services.
08Wellness, not medical advice
Blink and similar wellness features are designed to encourage healthy screen habits, such as the 20-20-20 rule. They are not medical devices and do not diagnose, treat, cure or prevent any condition. If you have ongoing eye strain, vision changes or other symptoms, see a qualified eye care professional. Stop any exercise that causes discomfort.
09Intellectual property
The Services, including their software, design, text, graphics, characters, music and logos, are owned by Vexil or its licensors and are protected by intellectual property laws. "Vexil", the Vexil logo, "Blink", "Bone Yard" and "Junk Magnet" are trademarks of Vexil LLC. These Terms don't give you any right to use our trademarks without our written permission.
10Feedback
We love hearing ideas. If you send us feedback or suggestions, you agree that we may use them freely, without any obligation to you.
11Third-party services
The Services may link to or rely on services we don't control, such as the App Store, Google Play, Game Center and Google Play Games. We are not responsible for third-party services. Your use of them is governed by their own terms.
12Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that the Services will be uninterrupted, error-free or secure.
13Limitation of liability
To the fullest extent permitted by law, Vexil and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from or related to the Services.
Our total liability for any claim related to the Services will not exceed the greater of (a) the amount you paid us for the Services in the 12 months before the claim or (b) fifty U.S. dollars (US$50).
Some jurisdictions don't allow certain limitations, so some of the above may not apply to you.
14Indemnification
You agree to indemnify and hold harmless Vexil and its members, managers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, that arise from your misuse of the Services or your violation of these Terms.
15Suspension and termination
You may stop using the Services at any time. We may suspend or end your access if you materially breach these Terms or if we must do so to comply with the law. Sections that by their nature should survive termination will continue to apply, including the sections on intellectual property, disclaimers, limitation of liability and governing law.
16Governing law and disputes
These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you and Vexil consent to their jurisdiction. This doesn't take away any mandatory consumer protections you have under the laws of the country where you live.
17Changes to these terms
We may update these Terms from time to time. We'll post the new version here and update the "Last updated" date. If a change is material, we'll give reasonable notice. If you keep using the Services after the changes take effect, you accept the new Terms.
18Contact
Questions about these Terms? Email [email protected] or write to Vexil LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States. For details about our company, see Company Information.