Terms of Use

Welcome to BanterBox, provided by Deniz Ozagac (the "Developer" or "Company").

The following Terms of Use ("Terms") apply when you use the BanterBox app (the "App") or the service provided via the App (the "Service").

Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don't agree to these Terms, you may not access or use the App.

About the App

BanterBox is a pass the phone party game. It contains ten question game formats, including I Have Never, Truth or Dare, Would You Rather, Most Likely To, Paranoia, Hot Seat, This or That, Deep Questions, Couples, and Icebreakers. Each format holds several decks of prompt cards. You pick a game and a deck, read the card out loud, and pass the phone to the next player.

All prompts are written by the Company and ship inside the App, so the App works without a network connection. The App does not host player accounts, does not connect you with other people, does not let users publish or share content inside it, and does not keep any record of the answers players give.

The App is a conversation prompt, not an instruction. Every card is a suggestion for a group that has chosen to play together, and no player is ever required to answer a question or perform anything a card describes.

Content and Conduct

The App is rated 17 and up. Its decks include suggestive and adult themed humor, questions about relationships and personal history, and dares meant to be silly rather than risky. Prompt text is fiction written for entertainment. It is not advice of any kind, medical, legal, psychological, or otherwise.

You are responsible for how you and your group play. In particular you agree that:

You play at your own risk and you are solely responsible for anything you or the people you play with choose to say or do. The Company is not responsible for the consequences of any answer given, any dare attempted, or any conversation started while using the App.

Subscriptions and Payments

BanterBox is free to download and every game includes at least one free deck. The remaining decks unlock with a premium subscription managed through Apple's App Store. Subscriptions are offered on a weekly and a yearly plan, and the weekly plan may include a free trial period. Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple ID settings. Refunds are handled by Apple according to their policies.

Paid Services

You may be able to make in-App purchases, in which case the fee is collected via Apple (the Company's "Billing Service Provider"). The Company may also offer subscriptions, which can also be paid for via Apple.

You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date).

You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your subscription, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. You can terminate your use of the Service and otherwise manage your subscription using the App and your Apple ID settings.

The Company reserves the right to change its fees. If the Company does change its fees, it will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.

Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.

If you properly terminate your paid subscription, you will not be charged for future periods. However, you will not receive a refund for an unused portion of a period for which you have already paid. No refunds are offered for any products or services offered via the App.

You acknowledge that if you elect to purchase a subscription your subscription is subject to automatic renewals and you hereby consent to and accept responsibility for all recurring charges to your applicable payment based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if applicable tax rates change or if the fees (including our fees and credit card handling fees) have been increased.

Content Availability

The Company may add, change, retire, or rewrite games, decks, and individual prompts at any time, including content that was available when you subscribed. A subscription grants access to the premium decks available in the App during the subscription period. It is not a purchase of any particular deck or prompt.

Age Restriction

You need to be at least 17 years old to use the App.

Use Restrictions

Your permission to use the App is conditioned upon the following restrictions and conditions. You agree that you will not:

Monitoring and Compliance

Although the Company is not obligated to monitor access to or use of the App, it has the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. The Company reserves the right, but is not obligated, to remove or disable your access to the App, at any time and without notice, if it, at its sole discretion, considers your use to be objectionable or in violation of these Terms.

The Company has the right to investigate violations of these Terms or conduct that affects the Service. It may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Intellectual Property

Unless otherwise indicated, the App is the Company's proprietary property and all source code, databases, functionality, software, designs, audio, video, text, prompts, photographs, and graphics in the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by the Company or licensed to it, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company's express prior written permission. The Company reserves all rights that are not expressly granted to you under these Terms.

Contributions to Company

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Company through its website, email, or social media accounts, you acknowledge and agree that:

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to:

Warranty Disclaimer

The App and Service are provided "as is," without warranty of any kind. The Company expressly disclaims all warranties, whether express, implied or statutory, regarding the App and Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

The Company makes no warranty or representation that access to or operation of the App or Service will be uninterrupted or error free, or that any particular prompt will be suitable for you or for the people you play with.

You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained via the App or Service.

Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of Damages and Release

To the extent permitted by applicable law:

In no event shall the Company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, including any embarrassment, offence, dispute, injury, or damage to a relationship arising from prompts read or actions taken while using the App.

Such liability limitations apply regardless of how damages arise, including from your use or inability to use the App or Service; the App or Service generally or the software or systems that make them available; or any other interactions with the Company or any other user of the App or Service, whether based on warranty, contract, tort (including negligence), fraud, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event will Company's liability to you exceed $10.

Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

Modification of Terms of Use

The Company can amend these Terms at any time. It's your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to the Company's revisions to these Terms.

Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

Privacy Policy

The Company respects the privacy of its users. Please refer to the Company's Privacy Policy, which explains how it collects, uses, and discloses information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.

General Terms

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of its right to enforce such provision.

The Company's rights under these Terms will survive any termination of these Terms. You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York City, New York.

Arbitration must be on an individual basis. This means neither you nor the Company may join or consolidate claims in arbitration by or against other users, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys' fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about the Company's fees is available. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Your Agreement to the Terms

You acknowledge that you have read these Terms, understand the Terms, and will be bound by these Terms. These Terms together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

Contact Us

If you have questions about the Terms of Use, you can reach out at contact@marcana.app.