Terms of Service

These Terms of Service ("Terms") govern your use of the Flappy Tux mobile application ("the App") and the flappytux.com website ("the Site"), both operated by Shibby Ventures LLC ("we," "us," or "our"). By downloading, installing, or using the App, or by using the Site, you agree to these Terms. If you do not agree, do not use the App or the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 10) THAT AFFECT YOUR LEGAL RIGHTS.

1. Acceptance and eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract, to use the App or the Site. By using them, you represent that you meet these requirements and that you will comply with these Terms and all applicable laws.

2. License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, solely for your own lawful use. We reserve all rights not expressly granted. You may not copy, modify, reverse engineer (except to the extent this restriction is prohibited by applicable law), distribute, sell, or create derivative works from the App or the Site except as expressly permitted.

3. Acceptable use

Flappy Tux is a one-tap arcade game intended for personal entertainment. You are responsible for your own conduct while using the App and the Site.

You agree that you will not:

• Cheat, exploit bugs, or use unauthorized tools or modifications to gain an unfair advantage or to manipulate game state in a manner not intended by us.
• Reverse engineer, decompile, or disassemble the App, except to the extent such restriction is prohibited by applicable law.
• Use the App or the Site for any unlawful, harmful, or fraudulent purpose, or in any way that violates applicable laws or regulations.
• Interfere with, damage, or disrupt the App, the Site, or any servers or networks connected to them.

We reserve the right to suspend or terminate access for violations of these acceptable-use standards.

4. No warranty

THE APP AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, OR SECURE. YOU USE THE APP AND SITE AT YOUR OWN RISK.

5. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIBBY VENTURES LLC OR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE APP OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US, IF ANY, FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). Because the App is provided free of charge, you acknowledge this is a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless Shibby Ventures LLC and its owners, members, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the App or the Site; (b) your violation of these Terms; or (c) your violation of any law or the rights of any third party.

7. Intellectual property

The App, the Site, and all related content, trademarks, logos, and software are owned by or licensed to Shibby Ventures LLC and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you.

8. Third-party app stores

The App is distributed through third-party app stores (such as the Apple App Store and Google Play) that are subject to their own terms and conditions. We are not responsible for those platforms or for your interactions with them.

9. Termination

We may suspend or terminate your access to the App or the Site at any time, with or without cause or notice. You may stop using the App at any time by uninstalling it. Sections that by their nature should survive termination — including Sections 3 through 11 — will survive.

10. Binding arbitration and class action waiver

Please read this section carefully — it affects how disputes are resolved.

Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Site that cannot be resolved informally will be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect its intellectual property.

The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules, will take place in the State of Michigan (or by remote/written proceeding where available), and will be conducted in English before a single arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

Class action waiver: You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

30-day right to opt out: You may opt out of this arbitration provision by sending written notice to contact@flappytux.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms.

11. Governing law and venue

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. To the extent any dispute is not subject to arbitration, you agree that it will be brought exclusively in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts.

12. Changes to the App and to these Terms

We may modify, suspend, or discontinue the App or the Site, in whole or in part, at any time. We may also update these Terms from time to time; when we do, we will revise the "Effective" date above. Your continued use of the App or the Site after changes take effect constitutes acceptance of the revised Terms.

13. General

If any provision of these Terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms constitute the entire agreement between you and us regarding the App and the Site and supersede any prior agreements.

14. Contact

Questions about these Terms can be sent through the contact form or to contact@flappytux.com.

Tux is the mascot of the Linux kernel. Flappy Tux is an independent game and is not affiliated with, sponsored by, or endorsed by the Linux Foundation or Linus Torvalds.