marktandev

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Mark Tan, operating as an independent digital developer and publisher based in Singapore ("Developer", "we", "us", or "our"), governing your access to and use of all mobile applications ("Apps") made available by us through the Apple App Store, Google Play Store, or other official distribution platforms.

Our Apps are designed to deliver interactive digital experiences across a variety of categories, including productivity tools, trivia games, entertainment apps, and subscription-based content services. Some Apps may incorporate artificial intelligence technologies powered by third-party providers (such as OpenAI, Claude, Gemini, DeepSeek, or similar AI platforms), and others may include content intended for mature audiences, including romantic, relationship-based, or adult-themed material.

These Terms apply uniformly to all current and future Apps developed and published by us that expressly reference these Terms, regardless of content type, functionality, or audience. By downloading, installing, accessing, or using any of our Apps, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms in full, you are not authorized to access or use our Apps and must immediately discontinue use.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "App(s)": Any mobile application developed by Mark Tan and made available on the Apple App Store or Google Play Store.
• "Content": All decks, features, questions, designs, graphics, text, software, data, and other materials displayed or available in the App.
• "Subscription": A paid weekly, monthly, or yearly access plan offered within the App to unlock premium features.
• "User", "you", "your": Any individual who downloads, installs, accesses, or uses the App.
• "Trial Period": A limited-time period during which the user may access premium features at no charge, such as a three-day trial, subject to the terms herein.
• "Store(s)": Apple App Store or Google Play Store, as applicable.

3. Eligibility and Age Restrictions

You must be at least eighteen (18) years of age to access or use certain Apps. For other Apps, a different minimum age requirement may apply, as specified in the description provided on the relevant App Store listing. Where an App is designated as appropriate for users who are twelve (12) years of age or older, you represent and warrant that you meet the specified age requirement or, if you are under the age of majority in your jurisdiction, that you have obtained verifiable consent from a parent or legal guardian to use the App.

By accessing or using any App, you expressly represent and warrant that:

• You satisfy the applicable minimum age requirement for the App in question;
• You possess the legal capacity to enter into a binding agreement under the laws applicable in your jurisdiction.

If you do not meet the above eligibility criteria, you are strictly prohibited from downloading, accessing, or using the App.

4. Account Registration

Some Apps may in the future require users to register for an account to access certain features. If you are required to create an account:

• You must provide accurate, current, and complete information.
• You are responsible for maintaining the confidentiality of your credentials.
• You agree to notify us immediately of any unauthorized use or security breach involving your account.

Currently, most Apps do not require account creation, and may be accessed anonymously unless you choose to subscribe.

5. Free and Paid Features

All Apps are free to download and may include limited features available at no charge. Additional features, content (such as premium decks), or functionality may be unlocked through a paid Subscription.

The free features may include:

• Access to a basic or introductory content
• Limited use of core functions

Paid features may include:

• Access to all premium content
• Enhanced functionality or settings
• Ongoing content updates (where applicable)

We reserve the right to modify the scope of free and paid features at our sole discretion.

6. Subscriptions and Billing

Access to premium features is offered through Subscriptions, available as weekly, monthly, or yearly plans. Subscription prices may vary based on the country or region, as determined by the Store's localized pricing.

By subscribing:

• You authorize the Store to charge the applicable fee to your designated payment method.
• Your Subscription will automatically renew at the end of each billing period unless cancelled in accordance with Store policies.
• You may manage or cancel your Subscription through your Store account settings.

Subscriptions are managed externally by the respective Stores and processed via RevenueCat, a third-party subscription infrastructure provider.

7. Free Trials

Certain Apps may provide a free trial period for first-time subscribers, which may be for a duration such as three (3) days. The following terms shall govern any such trial:

• During the free trial period, you will be granted temporary access to premium features and functionalities at no cost.
• Unless you cancel your Subscription prior to the expiration of the trial period, your Subscription will automatically convert into a paid plan, and the applicable charges will be billed to your account in accordance with your selected billing cycle via the Store.
• You are solely responsible for managing your trial status and may cancel the Subscription at any time during the trial through your Store account settings to avoid incurring charges.

Unless otherwise expressly stated, each user is entitled to a single free trial per App. Subsequent attempts to activate additional trials on the same App may be denied or result in immediate conversion to a paid Subscription.

8. In-App Purchases

In addition to Subscriptions, certain Apps may offer optional in-app purchases ("IAPs"), such as one-time unlocks of decks, features, or digital content.

All IAPs are:

• Processed through the relevant Store (Apple or Google)
• Final and non-refundable, except where required by applicable law or permitted by Store policies
• Tied to the user's Store account and non-transferable

We are not responsible for billing errors or disputes arising from Store transactions. For payment or refund issues, you must contact the respective Store.

9. Payments and App Store Policies

All payments, Subscriptions, and IAPs are handled solely through the Apple App Store or Google Play Store, as applicable to your device.

By making a purchase, you agree to:

• Comply with all applicable Store terms and payment conditions
• Be responsible for any taxes, charges, or fees imposed by your local jurisdiction
• Ensure that your payment method remains valid and up to date

We do not process payments directly and do not store any payment credentials.

10. Refunds and Cancellations

We do not offer independent refunds or cancellations outside the mechanisms provided by Apple or Google. Any requests for refunds or cancellations must be submitted through the Store where you made the purchase.

You are solely responsible for:

• Managing your Subscription through the Store
• Cancelling your Subscription before the next billing period if you do not wish to continue

Refunds are not available for partially used billing periods or unused content unless otherwise required by applicable consumer protection laws.

11. Use of the App

You agree to use the App only for lawful purposes and in accordance with these Terms. You must not:

• Decompile, reverse engineer, or attempt to derive source code from the App
• Use the App to engage in fraud, harassment, or any form of illegal activity
• Interfere with or disrupt the integrity, security, or performance of the App
• Attempt to circumvent content restrictions or payment barriers
• Use automated systems to interact with the App (e.g., bots or scrapers)

Violation of this section may result in immediate suspension or termination of access without notice.

12. Intellectual Property Rights

All intellectual property rights in the App, including but not limited to its design, code, content, features, layout, and trademarks, are owned by Mark Tan or licensed to him and protected under applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.

You may not:

• Reproduce, distribute, modify, or create derivative works from the App or its content
• Use our trademarks or branding without prior written permission
• Resell or exploit the App or its content for commercial gain

13. User Content and AI Interactions

Certain current or future Apps may include features that enable users to submit text-based content, including but not limited to questions, prompts, or other written inputs, for the purpose of interacting with artificial intelligence systems. These may be powered by external APIs such as OpenAI, Claude, Gemini, DeepSeek, or other third-party large language models (LLMs).

By submitting any such content, you expressly acknowledge and agree that:

• You grant us a non-exclusive, worldwide, royalty-free, and sublicensable license to access, process, and utilize the submitted content solely to the extent necessary to deliver the intended functionality of the App;
• You represent and warrant that you have full legal rights to submit such content and that your submission does not violate any applicable laws or infringe the rights of any third party.

Unless otherwise explicitly stated in our Privacy Policy, we do not retain, reuse, or analyze your submitted content beyond what is necessary for real-time processing and delivery of services.

We disclaim any and all liability arising from or related to the accuracy, reliability, appropriateness, or consequences of content generated by artificial intelligence systems, and you acknowledge that any reliance on such output is at your sole discretion and risk.

14. Third-Party Services and SDKs

The App may incorporate or interact with third-party services, SDKs, and platforms, such as:

• RevenueCat for Subscription management
• Analytics and crash reporting tools

You acknowledge and agree that:

• We are not responsible for the availability, accuracy, or performance of any third-party services
• Use of such services is subject to their respective terms and privacy policies
• These third parties may collect limited device and usage information as required for their function

Where required, we will notify users of any third-party data practices in our Privacy Policy.

15. Privacy and Data Handling

Your privacy is important to us. Our practices regarding data collection, storage, usage, and sharing are outlined in our Privacy Policy, which is hereby incorporated by reference.

By using the App, you acknowledge and agree that:

• We may collect non-personal usage data and analytics (now or in the future)
• We may collect Personal Data (e.g., name, email) when you choose to provide it to us, for instance, to use particular features or services offered within that App.
• All data will be handled in accordance with applicable data protection laws and our Privacy Policy

Please review our Privacy Policy for full details. Continued use of the App constitutes your agreement to the Privacy Policy.

16. Disclaimers

To the maximum extent permitted by law, the App and all content, services, and functionality are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

We expressly disclaim:

• Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Any guarantees that the App will be error-free, secure, uninterrupted, or meet your specific needs
• Responsibility for the results, accuracy, or interpretation of AI-generated content

Your use of the App is at your sole risk. You are responsible for ensuring that the App is suitable for your intended use.

17. Limitation of Liability

To the fullest extent permitted under applicable law, Mark Tan shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, data, or goodwill
• Service interruption or failure
• Personal injury or property damage
• Unauthorized access to user data

Our total liability for any claim arising out of or relating to these Terms or the use of the App shall be limited to the greater of:

• The amount paid by you to us via Store transactions in the three (3) months preceding the event giving rise to the claim; or
• SGD $100

We disclaim liability for emotional distress, interpersonal conflict, or relationship issues that may arise from your use of any App, including those with adult-themed, romantic, or provocative content. You acknowledge that your use of such content is at your own discretion and risk.

Some jurisdictions do not allow certain limitations, so the above may not apply to you in full.

18. Indemnification

You agree to indemnify, defend, and hold harmless Mark Tan and his affiliates, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your breach of these Terms or applicable laws
• Your violation of any rights of a third party

This obligation survives termination of your use of the App.

19. Termination and Suspension

We reserve the right to, without notice or liability:

• Suspend or terminate your access to any App for breach of these Terms
• Modify, disable, or discontinue the App (in part or in full) at any time

Upon termination, all rights granted to you under these Terms shall cease immediately, and you must delete all copies of the App from your device.

The provisions of these Terms that by their nature should survive termination shall remain in full force and effect.

20. Modifications to the Terms

We may revise these Terms from time to time. If changes are material, we will provide reasonable notice, which may include:

• Posting an updated version within the App
• Updating the "Effective Date" above

Your continued use of the App after any modification constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue using the App.

21. Updates to the App

We may provide updates, patches, or changes to the App at any time to:

• Add or remove features
• Improve performance or stability
• Comply with legal requirements

Such updates may occur automatically or require manual approval via the Store. We are not obligated to maintain backward compatibility or support older versions.

22. Export Controls and Restrictions

You may not use, export, or re-export the App or any part of its content except as authorized by Singapore law and the laws of the jurisdiction in which the App was obtained.

In particular, but without limitation, the App may not be:

• Exported or re-exported to any country subject to Singapore or international sanctions
• Distributed to individuals or entities listed on government-denied parties or sanctions lists

By using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or entity.

23. Governing Law

These Terms, and any dispute or claim arising from or related to them, are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.

This choice of law applies regardless of your country of residence or from where you access or use the App.

24. Dispute Resolution

You agree to attempt to resolve any disputes arising out of or relating to these Terms through informal negotiation with us, by contacting support@marktandev.com.

If the dispute cannot be resolved amicably within thirty (30) days, either party may submit the matter to:

• The courts of Singapore, which shall have exclusive jurisdiction; or
• Alternative dispute resolution mechanisms, such as arbitration or mediation, if mutually agreed

Each party shall bear its own legal fees and costs, unless otherwise awarded.

25. Contact Information

For legal notices, questions regarding these Terms, or support inquiries, you may contact us at:

• Email: support@marktandev.com
• Developer: Mark Tan
• Location: Singapore