Terms & EULA

Terms of Service

Acceptance of the Terms of Service

Gomo Sapiens is a brand owned and operated by Paperboi Data Management, LLC, a New York limited liability company based in Queens, New York. "Gomo Sapiens" is a DBA (assumed name) of Paperboi Data Management, LLC, registered in the State of New York.

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF GOMO SAPIENS (“GOMO SAPIENS”, “WE”, “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”). THESE TERMS ALSO APPLY TO YOUR USE OF OTHER GOMO SAPIENS SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.

By accepting these Terms, you are also agreeing to the other Gomo Sapiens policies that are incorporated into these Terms:

• Our Privacy Policy explains what information is collected and how it is used.
• Our Fan Content Policy explains what you can make and share using our games.

You and Gomo Sapiens agree to resolve disputes between us in individual arbitration (not in court). We explain the process in detail below, but we’ve put this up front (and in caps) because it’s important:

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND GOMO SAPIENS AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND GOMO SAPIENS AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $2,000 THAT ARE MADE IN GOOD FAITH (SEE BELOW).

TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS, AND THEY ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES.

Our games are covered by the End User License Agreement below (the “EULA”). If these Terms are inconsistent with the EULA, the EULA controls for the games.

Privacy Policy

Please review our Privacy Policy at www.gomosapiens.com/privacy-policy.html, which also governs your use of the Services.

Changes to the Terms of Service

We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page. Your continued use of the Services after revised Terms are posted means that you accept and agree to the changes.

Accessing the Services

We may withdraw or amend the Services, and any related content, or restrict access to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Due to your geographic location, the Services or some of their features or content may be unavailable to you. We may terminate or suspend your access to the Services if you breach these Terms.

Photosensitivity: Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.

Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by Gomo Sapiens and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may use the Services for your personal, non-commercial use. Except as allowed by our Fan Content Policy or below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any material from the Services, or delete or alter any copyright, trademark, or other proprietary notices. You may share unaltered portions of the publicly available content on the Website elsewhere for the non-commercial purpose of discussing it.

These permissions are limited to the Services. No rights are granted to any servers, computers, or databases associated with the Services.

Purchases (No Refunds)

We don’t sell anything directly on the Website. Our games and in-app purchases are sold through third-party stores such as the Apple App Store, Google Play, and Steam. Those purchases are processed by the store, under the store’s own terms, and the store handles payment and billing.

ALL SALES ARE FINAL. GOMO SAPIENS DOES NOT OFFER REFUNDS OF ANY KIND, FOR ANY REASON, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW.

Any refund a store chooses to give under its own policies is the store’s decision, not Gomo Sapiens’s. If a purchase didn’t unlock in the game, email us at julian@gomosapiens.com and we’ll help you restore it.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Gomo Sapiens’s sole judgment).

Linking

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not link in a way that suggests any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to sites and resources provided by third parties (such as app stores or social media), these links are provided for your convenience only. We have no control over those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the terms below may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by law.

The Services and all information, content, materials, products (including software), and other services made available to you through the Services are provided by Gomo Sapiens on an “as is” and “as available” basis. Gomo Sapiens makes no representations or warranties of any kind, express or implied, as to the operation of the Services or anything made available through them. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Gomo Sapiens disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gomo Sapiens does not warrant that the Services, its servers, or electronic communications sent from Gomo Sapiens are free of viruses or other harmful components.

To the full extent permissible by law, Gomo Sapiens will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with these Terms. Further, to the full extent permissible by law, Gomo Sapiens’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) for Gomo Sapiens products during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations apply even if any remedy fails to provide adequate compensation.

Indemnification

This section only applies to the extent permitted by applicable law. You agree to defend, indemnify, and hold harmless Gomo Sapiens and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms. If you are prohibited by law from entering into this indemnification obligation, then you assume, to the extent permitted by law, all liability for the claims, losses, and expenses that are its stated subject matter.

Governing Law and Jurisdiction

Any dispute or claim arising out of or related to these Terms shall be governed by the laws of the State of New York, excluding its choice of law rules. For any disputes not subject to binding individual arbitration under the section immediately below, you and Gomo Sapiens agree to submit to the exclusive jurisdiction of the Supreme Court of the State of New York, Queens County, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of New York. You and Gomo Sapiens agree to waive any jurisdictional, venue, or inconvenient forum objections to those courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.

Binding Individual Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Most issues can be resolved quickly and amicably by emailing us at julian@gomosapiens.com. But we understand that sometimes disputes can’t be easily resolved that way. This section explains how you and Gomo Sapiens agree to resolve those disputes, including (where applicable) by binding, individual arbitration.

Disputes related to our games: if you have agreed to the EULA, “Disputes” as that term is defined in the EULA will be resolved as provided in the EULA’s arbitration section. The terms below apply to disputes arising solely under these Terms.

1. Informal Resolution

Before starting arbitration, you and Gomo Sapiens agree to try to resolve the dispute informally. We both agree to make a good-faith effort to negotiate any dispute for at least 30 days (“Informal Resolution”), starting on the day one of us receives a written Notice of Dispute.

Send your Notice of Dispute by email to Paperboi Data Management, LLC (d/b/a Gomo Sapiens) at julian@gomosapiens.com with the subject line “Notice of Dispute,” or by mail to Paperboi Data Management, LLC (d/b/a Gomo Sapiens), Attn: Notice of Dispute, 3960 54th St, Apt 3F, Woodside, NY 11377, U.S.A. Include your name, how to contact you, what the problem is, and what you want Gomo Sapiens to do. If Gomo Sapiens has a dispute with you, we will send our Notice of Dispute to the contact details you have provided to us.

If the dispute isn’t resolved through Informal Resolution or small-claims court (below), you or Gomo Sapiens may start an arbitration in accordance with these Terms.

2. Small Claims Court

Instead of using Informal Resolution, you may sue us in small-claims court in either the county where you live or Queens County, New York (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to.

3. Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

You and Gomo Sapiens agree that Disputes will be settled by binding individual arbitration administered by JAMS, subject to the U.S. Federal Arbitration Act, under the JAMS Streamlined Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards in effect when the arbitration is filed (together, the “JAMS Rules”), as modified by these Terms.

A neutral arbitrator (not a judge or jury) makes the final decision. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim. The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.

3.1 Disputes We Agree to Arbitrate

“Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Gomo Sapiens that relates to your use or attempted use of Gomo Sapiens’s products or services, including the validity, enforceability, or scope of this arbitration section, whether based in contract, statute, regulation, tort (including fraud, misrepresentation, or negligence), or any other legal or equitable theory.

The Informal Resolution and arbitration sections do not apply to (1) individual actions in small-claims court; (2) enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Gomo Sapiens’s right to seek injunctive relief in court to preserve the status quo while an arbitration proceeds; (6) claims of piracy, cheating, or intellectual-property infringement; and (7) the enforceability of the Class Action Waiver below.

Whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.

3.2 Arbitration Procedure

To start an arbitration, follow the instructions on the JAMS website. The party starting an arbitration must send JAMS a Demand for Arbitration, pay the applicable filing fee, and send a copy of the Demand to the other party. Send your copy by email to Paperboi Data Management, LLC (d/b/a Gomo Sapiens) at julian@gomosapiens.com with the subject line “Arbitration of Dispute,” or by mail to Paperboi Data Management, LLC (d/b/a Gomo Sapiens), Attn: Arbitration of Dispute, 3960 54th St, Apt 3F, Woodside, NY 11377, U.S.A. Gomo Sapiens will send its copy to the contact details you have provided to us.

The arbitration will be conducted in English by a single JAMS arbitrator with experience in intellectual-property and commercial-contract disputes, who will be bound by these Terms. If an in-person hearing is required, it will take place either in Queens County, New York, or where you reside; you choose. Unless we agree otherwise, the award will include a written statement of the decision on each claim and its basis.

The arbitrator may only award remedies requested by you or Gomo Sapiens to satisfy an individual claim, and may not award relief against Gomo Sapiens concerning any person other than you. Any award may be enforced as a final judgment by any court of competent jurisdiction.

3.3 Arbitration Fees

If you start the arbitration, you pay the JAMS filing fee for consumer arbitrations. In some situations, Gomo Sapiens will help with your fees:

• If the Dispute involves $2,000 or less, Gomo Sapiens will pay all of the JAMS costs, including the fees you would otherwise have been required to pay.
• If that doesn’t apply, but you show that arbitration costs would be prohibitive compared to litigation, Gomo Sapiens will pay as much of your JAMS costs as the arbitrator finds necessary to prevent arbitration from being cost-prohibitive.
• Even if Gomo Sapiens wins and the law or the JAMS Rules would let us seek our share of the JAMS fees from you, we won’t.

This fee assistance depends on your claim being brought in good faith. If the arbitrator finds your claim was brought for an improper purpose, frivolously, or without a sufficient pre-claim investigation, fees will be governed by the JAMS Rules. Attorneys’ fees and JAMS costs are not counted when determining how much a Dispute involves. Gomo Sapiens won’t seek its attorneys’ fees or expenses from you in any arbitration. If you are represented by an attorney, you pay your own attorneys’ fees unless the law provides otherwise.

3.4 Notice and Filing

An arbitration must be started within two (2) years from when the Dispute first arose, or within any shorter period required by applicable law. The failure to provide timely notice shall bar all claims.

3.5 Continuation in Effect

This arbitration section survives any termination of these Terms or of Gomo Sapiens’s services to you.

3.6 Future Changes

Although Gomo Sapiens may revise these Terms, Gomo Sapiens may not change this agreement to arbitrate, or the rules specified here, for any Dispute that has already arisen.

4. Class Action Waiver

To the maximum extent permitted by applicable law, you and Gomo Sapiens agree to bring Disputes only in an individual capacity and not to (a) bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any action where another person acts in a representative capacity (e.g., private attorney general actions); or (b) consolidate or combine individual proceedings, or permit an arbitrator to do so, without the express consent of all parties.

5. Severability

If any provision of this arbitration agreement is found invalid, unenforceable, or illegal, it will be severed and the rest of these Terms will remain in effect. The one exception: if the Class Action Waiver is found invalid, unenforceable, or illegal, this entire arbitration section will be void and any dispute will be resolved in court under the governing law and venue terms above. Under no circumstances shall arbitration be conducted on a class basis without Gomo Sapiens’s express consent.

Language

To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation is provided for your convenience only.

Waiver and Severability

No waiver of any provision of these Terms by Gomo Sapiens shall be deemed a further or continuing waiver of that provision or any other provision, and any failure of Gomo Sapiens to assert a right under these Terms shall not constitute a waiver of that right.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will continue in full force and effect.

Copyright Complaints

If you believe material on the Website or in our games infringes your copyright, email julian@gomosapiens.com with the subject line “Copyright Complaint” and include:

• The copyrighted work you claim has been infringed.
• The material you claim is infringing and where it is located (with a URL where possible).
• Your full legal name, mailing address, telephone number, and email address.
• This statement: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
• Your electronic or physical signature.

Under 17 U.S.C. 512(f), if you knowingly misrepresent that material is infringing, you may be liable for damages, including costs and attorneys’ fees.

Contact

For general questions, contact us at:

End User License Agreement

Please read this End User License Agreement (“Agreement”) carefully. It is a legal agreement between you and Paperboi Data Management, LLC (d/b/a Gomo Sapiens) that explains your rights and obligations when you use our games, including any Services you access or purchases you make in them. By downloading, installing, or playing the Software, or by otherwise indicating your acceptance of this Agreement, you agree to be bound by it. If you do not or cannot agree to this Agreement, please do not download or use the Software.

By accepting this Agreement:

• You are also agreeing to the other Gomo Sapiens policies incorporated into this Agreement: our Privacy Policy, which explains what information is collected and how it is used; our Fan Content Policy, which explains what you can do with our games in the content you create; and our Terms of Service, which explain the rules for our website.
• You and Gomo Sapiens agree to resolve disputes between us in individual arbitration (not in court). Section 12 explains the process in detail.

THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND GOMO SAPIENS AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND GOMO SAPIENS AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $2,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 12).

TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT, AND THEY ARE RESPONSIBLE FOR YOUR USE OF THE SOFTWARE, INCLUDING ANY PURCHASES.

Certain capitalized words have specific meanings in this Agreement. They are defined in Section 16.

1. License Grant

Gomo Sapiens grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to use the Software and Services for your personal, non-commercial entertainment (the “License”), subject to the terms of this Agreement. The License becomes effective when you accept this Agreement. The Software is licensed, not sold, to you, and the License does not grant you any title or ownership in the Software.

2. License Conditions

You may use the Software on devices that you own or control, as permitted by the rules of the store you obtained it from (for example, the Apple Media Services Terms and Conditions, including Family Sharing where available). You may not: (a) use the Software commercially, except as allowed by our Fan Content Policy; (b) copy, reproduce, display, perform, or otherwise use it in a way not expressly authorized by this Agreement; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it, extract its files or assets, or make derivative works based on it, except as allowed by the Fan Content Policy or by applicable law; (e) remove, disable, circumvent, or modify any proprietary notice, label, or security technology in it; (f) create, distribute, or use cheats, hacks, bots, or other unauthorized software, or exploit bugs, to gain an advantage, unlock paid content, or obtain virtual items without paying for them; (g) use it to infringe or violate the rights of any third party, including intellectual property, publicity, or privacy rights; or (h) use, export, or re-export it in violation of any applicable law or regulation.

3. Updates and Patches

Gomo Sapiens may provide patches, updates, or upgrades to the Software that must be installed for you to continue using the Software or Services, and these may be delivered automatically through the store you obtained the Software from. Gomo Sapiens may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. Your use of the Software does not give you any interest, monetary or otherwise, in any aspect or feature of the Software, including any in-game rewards, achievements, levels, or progress. Game progress and other data stored on your device may be lost if you delete the app, change devices, or install an update, and Gomo Sapiens is not responsible for restoring it. Gomo Sapiens has no maintenance or support obligations for the Software beyond those required by applicable law.

4. Fan Content

We love seeing what you make. Our Fan Content Policy explains how you may use the Software, including gameplay footage, screenshots, music, characters, and artwork, in videos, streams, fan art, and other content you create. The Fan Content Policy is part of this Agreement.

5. Feedback

If you provide Gomo Sapiens with any Feedback, you grant Gomo Sapiens a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, modify, adapt, distribute, publicly display, and otherwise exploit that Feedback for any purpose, in any media, in any country. If any such rights may not be licensed under applicable law (such as moral rights), you waive and agree not to assert them. Gomo Sapiens is not required to use any Feedback, and if it does, it is not required to credit or compensate you. You represent that you have sufficient rights in any Feedback you provide to grant these rights.

6. Ownership

Gomo Sapiens owns all title, ownership rights, and intellectual property rights in the Software and Services, all of which were created in-house by Gomo Sapiens. Gomo Sapiens, Tower Maze Defense, and their respective logos are trademarks of Gomo Sapiens in the United States and elsewhere. Our games are made with Unity. Unity and the Unity logo are trademarks of Unity Technologies or its affiliates in the U.S. and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created by implication, estoppel, or otherwise.

7. Disclaimers and Limitation of Liability

The Software and Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Gomo Sapiens and its service providers (the “Gomo Sapiens Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software and Services, including regarding non-infringement, merchantability, or fitness for any purpose, whether arising under law, by custom or usage in the trade, or by course of dealing. Without limiting the foregoing, the Gomo Sapiens Parties make no warranty that (1) the Software or Services will operate properly, (2) their operation will be uninterrupted or free of bugs, errors, or malware, or (3) any defects can or will be corrected. This paragraph applies to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, the Gomo Sapiens Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Software or Services, even if a Gomo Sapiens Party has been advised of the possibility of such damages. The aggregate liability of the Gomo Sapiens Parties arising out of or in connection with this Agreement or the Software or Services will not exceed the total amounts you have paid (if any) for the Software or Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to the liability. These limitations apply even if any remedy fails to provide adequate compensation.

Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. In those jurisdictions, these exclusions and limitations apply only to the extent permitted by law. Nothing in this Agreement prejudices the statutory rights you may have as a consumer.

8. Indemnity

To the extent permitted by applicable law, you agree to indemnify, pay the defense costs of, and hold harmless the Gomo Sapiens Parties and their employees, officers, agents, and contractors from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software or Services, or (c) any claim of infringement of third-party intellectual property rights arising from Gomo Sapiens’s use of your Feedback. If you are prohibited by law from entering into this indemnification obligation, then you assume, to the extent permitted by law, all liability for the claims, losses, and expenses that are its stated subject matter.

9. Termination

Without limiting any other rights of Gomo Sapiens, this Agreement will terminate automatically without notice if you fail to comply with any of its terms. You may also terminate this Agreement by deleting all copies of the Software. On termination, the License ends, and you must stop using and delete all copies of the Software in your possession.

Gomo Sapiens does not offer refunds of any kind. Except where a refund is required by applicable law, all payments are final and non-refundable, whether or not this Agreement has been terminated.

Sections 2 and 4 through 18 survive any termination of this Agreement.

10. Purchases, Virtual Items and Ads

In-app purchases in our games (for example, removing ads or buying Skull Coins) are sold and processed by the store you downloaded the Software from, such as the Apple App Store, Google Play, or Steam, under that store’s terms. The store handles payment, billing, and taxes. All purchases, including virtual currency and items, are final. Gomo Sapiens does not offer refunds of any kind, except where a refund is required by applicable law.

Virtual currency (such as Skull Coins) and other virtual items are licensed to you as part of the License. They have no cash value, cannot be exchanged for real money or anything of value outside the game, and cannot be transferred or sold. Gomo Sapiens may change how virtual items work, and they may be lost if you delete the app or change devices, except where a purchase can be restored through your store account.

The free version of our games shows ads. Purchases that remove ads apply to the game you bought them in, and can generally be restored on other devices signed in to the same store account.

11. Governing Law and Jurisdiction

This Agreement is deemed to have been made in the State of New York, U.S.A., and any dispute will be resolved in accordance with the laws of the State of New York, excluding its choice of law rules, and applicable U.S. federal law. Any action or proceeding to enforce this Agreement or resolve any dispute that is not subject to arbitration under Section 12 must be brought in the Supreme Court of the State of New York, Queens County, or the United States District Court for the Eastern District of New York. You agree to the exclusive jurisdiction and venue of these courts and waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.

12. Binding, Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Most issues can be resolved quickly and amicably by emailing us at julian@gomosapiens.com. This section explains how you and Gomo Sapiens agree to resolve disputes that can’t be resolved that way, including (where applicable) by binding, individual arbitration.

12.1 Informal Resolution

Before starting arbitration, you and Gomo Sapiens agree to make a good-faith effort to negotiate any dispute for at least 30 days (“Informal Resolution”), starting on the day one of us receives a written Notice of Dispute.

Send your Notice of Dispute by email to Paperboi Data Management, LLC (d/b/a Gomo Sapiens) at julian@gomosapiens.com with the subject line “Notice of Dispute,” or by mail to Paperboi Data Management, LLC (d/b/a Gomo Sapiens), Attn: Notice of Dispute, 3960 54th St, Apt 3F, Woodside, NY 11377, U.S.A. Include your name, how to contact you, what the problem is, and what you want Gomo Sapiens to do. If Gomo Sapiens has a dispute with you, we will send our Notice of Dispute to the contact details you have provided to us.

If the dispute isn’t resolved through Informal Resolution or small-claims court (below), you or Gomo Sapiens may start an arbitration in accordance with this Agreement.

12.2 Small Claims Court

Instead of using Informal Resolution, you may sue us in small-claims court in either the county where you live or Queens County, New York (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to.

12.3 Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

You and Gomo Sapiens agree that Disputes will be settled by binding individual arbitration administered by JAMS, subject to the U.S. Federal Arbitration Act, under the JAMS Streamlined Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards in effect when the arbitration is filed (together, the “JAMS Rules”), as modified by this Agreement.

A neutral arbitrator (not a judge or jury) makes the final decision. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim. The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.

12.3.1 Disputes We Agree to Arbitrate

“Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Gomo Sapiens that relates to your use or attempted use of Gomo Sapiens’s products or services, including the validity, enforceability, or scope of this arbitration section, whether based in contract, statute, regulation, tort (including fraud, misrepresentation, or negligence), or any other legal or equitable theory.

The Informal Resolution and arbitration sections do not apply to (1) individual actions in small-claims court; (2) enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Gomo Sapiens’s right to seek injunctive relief in court to preserve the status quo while an arbitration proceeds; (6) claims of piracy, cheating, or intellectual-property infringement; and (7) the enforceability of the Class Action Waiver below.

Whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.

12.3.2 Arbitration Procedure

To start an arbitration, follow the instructions on the JAMS website. The party starting an arbitration must send JAMS a Demand for Arbitration, pay the applicable filing fee, and send a copy of the Demand to the other party. Send your copy by email to Paperboi Data Management, LLC (d/b/a Gomo Sapiens) at julian@gomosapiens.com with the subject line “Arbitration of Dispute,” or by mail to Paperboi Data Management, LLC (d/b/a Gomo Sapiens), Attn: Arbitration of Dispute, 3960 54th St, Apt 3F, Woodside, NY 11377, U.S.A. Gomo Sapiens will send its copy to the contact details you have provided to us.

The arbitration will be conducted in English by a single JAMS arbitrator with experience in intellectual-property and commercial-contract disputes, who will be bound by this Agreement. If an in-person hearing is required, it will take place either in Queens County, New York, or where you reside; you choose. Unless we agree otherwise, the award will include a written statement of the decision on each claim and its basis.

The arbitrator may only award remedies requested by you or Gomo Sapiens to satisfy an individual claim, and may not award relief against Gomo Sapiens concerning any person other than you. Any award may be enforced as a final judgment by any court of competent jurisdiction.

12.3.3 Arbitration Fees

If you start the arbitration, you pay the JAMS filing fee for consumer arbitrations. In some situations, Gomo Sapiens will help with your fees:

• If the Dispute involves $2,000 or less, Gomo Sapiens will pay all of the JAMS costs, including the fees you would otherwise have been required to pay.
• If that doesn’t apply, but you show that arbitration costs would be prohibitive compared to litigation, Gomo Sapiens will pay as much of your JAMS costs as the arbitrator finds necessary to prevent arbitration from being cost-prohibitive.
• Even if Gomo Sapiens wins and the law or the JAMS Rules would let us seek our share of the JAMS fees from you, we won’t.

This fee assistance depends on your claim being brought in good faith. If the arbitrator finds your claim was brought for an improper purpose, frivolously, or without a sufficient pre-claim investigation, fees will be governed by the JAMS Rules. Attorneys’ fees and JAMS costs are not counted when determining how much a Dispute involves. Gomo Sapiens won’t seek its attorneys’ fees or expenses from you in any arbitration. If you are represented by an attorney, you pay your own attorneys’ fees unless the law provides otherwise.

12.3.4 Notice and Filing

An arbitration must be started within two (2) years from when the Dispute first arose, or within any shorter period required by applicable law. The failure to provide timely notice shall bar all claims.

12.3.5 Continuation in Effect

This arbitration section survives any termination of this Agreement or of Gomo Sapiens’s services to you.

12.3.6 Future Changes

Although Gomo Sapiens may revise this Agreement, Gomo Sapiens may not change this agreement to arbitrate, or the rules specified here, for any Dispute that has already arisen.

12.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and Gomo Sapiens agree to bring Disputes only in an individual capacity and not to (a) bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any action where another person acts in a representative capacity (e.g., private attorney general actions); or (b) consolidate or combine individual proceedings, or permit an arbitrator to do so, without the express consent of all parties.

12.5 Severability

If any provision of this arbitration agreement is found invalid, unenforceable, or illegal, it will be severed and the rest of this Agreement will remain in effect. The one exception: if the Class Action Waiver is found invalid, unenforceable, or illegal, this entire Section 12 will be void and any dispute will be resolved in court under Section 11. Under no circumstances shall arbitration be conducted on a class basis without Gomo Sapiens’s express consent.

13. U.S. Government Matters

The Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable), and is licensed to U.S. Government end users only as Commercial Items with the same rights granted to other licensees under this Agreement.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Amendments of this Agreement

Gomo Sapiens may amend this Agreement at any time by posting the amended Agreement on this page and updating the “Last updated” date, or by making it available through the Software. If an amendment is not acceptable to you, you may terminate this Agreement under Section 9 before the amendment takes effect and stop using the Software. By using the Software after an amendment takes effect, you agree to be bound by the amended Agreement.

15. No Assignment

You may not assign, transfer, or sub-contract any of your rights or obligations under this Agreement without Gomo Sapiens’s prior written consent, and any attempt to do so without consent is void. If restrictions on transfer of the Software are not enforceable under the law of your country, this Agreement will be binding on any transferee. Gomo Sapiens may assign, transfer, or sub-contract any of its rights or obligations under this Agreement at any time.

16. Definitions

As used in this Agreement:

• “Gomo Sapiens”, “we”, “us” and “our” mean Paperboi Data Management, LLC, a New York limited liability company doing business as Gomo Sapiens, with its principal place of business at 3960 54th St, Apt 3F, Woodside, NY 11377, United States.
• “Software” means the video games developed and published by Gomo Sapiens, including Tower Maze Defense, however you obtain them (including from the Apple App Store, Google Play, or Steam), together with any patches, updates, and upgrades, and all related content, including software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, music, audio-visual effects, and methods of operation.
• “Services” means any services made available to you through the Software, including in-app purchases, virtual items, and online features.
• “Feedback” means any feedback or suggestions you provide to Gomo Sapiens regarding the Software, Services, or other Gomo Sapiens products and services.
• “Store” means the third-party store you obtained the Software from, such as the Apple App Store, Google Play, or Steam.

17. Miscellaneous

This Agreement, together with the Terms of Service, the Privacy Policy, and the Fan Content Policy, is the entire agreement between you and Gomo Sapiens about its subject matter. Your use of the Software is also subject to the terms of the Store you obtained it from.

The original of this Agreement is in English; any translations are provided for reference only.

This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction, and this Agreement does not change those rights if your laws do not permit it to. If a court or tribunal of competent jurisdiction holds any provision unenforceable, that provision will be enforced to the furthest extent possible and the remaining terms will remain in full force and effect.

Any failure or delay by Gomo Sapiens in exercising any right under this Agreement is not a waiver of that or any other right. This Agreement does not confer any rights or remedies on anyone other than the parties, except as stated in Section 18. Gomo Sapiens may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.

18. Apple App Store Terms

If you obtained the Software from the Apple App Store, the following terms also apply, and take precedence over anything inconsistent in this Agreement:

• This Agreement is between you and Gomo Sapiens only, not Apple Inc. (“Apple”). Gomo Sapiens, not Apple, is solely responsible for the Software and its content.
• The License is limited to using the Software on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Software may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Gomo Sapiens is solely responsible for any maintenance and support of the Software, as described in this Agreement or required by law. Apple has no obligation to provide any maintenance or support for the Software.
• If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the Software, and any other claims, losses, liabilities, damages, costs, or expenses due to a failure to conform to a warranty are Gomo Sapiens’s responsibility, to the extent they are not disclaimed in this Agreement.
• Gomo Sapiens, not Apple, is responsible for addressing any claims by you or a third party relating to the Software or your possession or use of it, including (a) product liability claims; (b) claims that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar laws.
• If a third party claims that the Software or your possession and use of it infringes that third party’s intellectual property rights, Gomo Sapiens, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You must comply with any applicable third-party terms when using the Software, and you confirm the representations in Section 13 about embargoes and restricted-party lists.
• Questions, complaints, or claims about the Software should be sent to Paperboi Data Management, LLC (d/b/a Gomo Sapiens), 3960 54th St, Apt 3F, Woodside, NY 11377, United States, by phone at (347) 352-2823, or by email to julian@gomosapiens.com.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement, and once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

Fan Content Policy

Shaman: Stream it, film it, draw it, cosplay it. Just don't sell our skulls on t-shirts or pretend you're us.

Everything in our games (the art, characters, music, and sound) was made in-house by Gomo Sapiens, so we can give you permission to use it in your own creations. This policy covers videos, streams, screenshots, fan art, guides, wikis, and anything else you make using our games (“Fan Content”).

Giving credit

It isn’t required, but we’d love it if you name the game, link to it on the App Store or wherever you play, and tag us on Instagram at @gomo_sapiens_games. We might share your work!

The legal bit

This policy gives you a limited, non-exclusive, revocable, royalty-free permission to use content from our games in Fan Content as described above. We own our games and everything in them, and you own the original parts of what you create. We may ask you to change or remove Fan Content that we believe doesn’t follow this policy, and you agree to do so. We may update this policy at any time by changing this page. For anything not covered here, or to ask permission for something else, email julian@gomosapiens.com.