Terms of use · Waristone

Summary

You can use the Waristone website and apps for your own personal, non-commercial use.
Subscriptions renew through the App Store or Google Play until you cancel there. Refunds are handled by Apple or Google.
In-game items and currency, like dust in Floor Is Chalk, have no cash value and only exist inside the game.
Some apps show ads or use AI. The AI output can be wrong, so check it before relying on it.
The apps are provided as they are, and liability is limited as far as the law allows. Your consumer rights where you live still apply.

These Terms of Use (“Terms”) are a binding agreement between you and Waristone, a sole proprietorship based in the Province of Manitoba, Canada (“Waristone”, “we”, “us”). They cover the Waristone website and the apps and games we publish, including Incling, Notum and Floor Is Chalk. By using the website or installing an app, you agree to these Terms. If you don’t agree, please don’t use the Service.

Definitions

“App” means a mobile app or game published by Waristone, including Incling, Notum and Floor Is Chalk, and any updates or new versions.
“Platform” means Apple’s App Store, Google Play, or any other authorized channel through which an App is made available.
“Service” means the Waristone website, the Apps, and any related services we provide.
“Subscription” means a recurring paid plan that gives access to features within an App.
“In-App Purchase” means a one-time purchase made inside an App, such as removing ads or buying virtual items.
“Virtual Items” means in-game currency (for example, dust in Floor Is Chalk), cosmetic items, upgrades and other digital content that exists only inside an App.
“User Content” means any information you enter into an App, including task descriptions, brain dumps, voice transcripts and subscription details.

The agreement

These Terms are between you and Waristone. If you got an App through a Platform, the Platform operator (Apple Inc. or Google LLC) is not a party to these Terms and has no obligations under them, except as set out in the App Store and Google Play section below.

You must be at least 13 years old, or the minimum age of digital consent where you live (16 in some member states of the European Economic Area), to use the Service. If you are under the age of majority where you live, you confirm that a parent or legal guardian has reviewed these Terms with you.

License

As long as you follow these Terms, Waristone gives you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Apps on compatible devices you own or control, and to use the website, for your personal, non-commercial use. This license applies only to devices running Apple iOS, iPadOS or macOS, or Android, and only under the Platform’s usage rules.

Waristone keeps all right, title and interest in the Service. No rights are granted to you except those set out in these Terms.

Acceptable use

You agree not to, and not to let anyone else:

copy, modify, distribute, sell, lease, rent or create derivative works of the Service;
reverse engineer, decompile, disassemble or otherwise try to get the source code of any App, except where the law expressly allows it;
remove, change or hide any proprietary notices in the Service;
cheat, exploit bugs, or use bots, scripts or modified clients to gain an advantage in a game, including on leaderboards;
use the Service to send unlawful, abusive, defamatory, infringing or otherwise objectionable content;
use the Service in a way that breaks the law, including export-control law;
interfere with or disrupt the integrity, performance or security of the Service;
use the Service to develop a competing product.

AI-generated output

Some features (currently in Incling) rely on third-party AI services (currently OpenRouter, which routes requests to a large-language-model provider) to generate output from the User Content you submit. AI output is produced by a machine and may be inaccurate, incomplete or unsuitable for your purpose. You are responsible for reviewing it before relying on it. Waristone does not warrant the accuracy, reliability or appropriateness of AI output.

Subscriptions and purchases

Some features are only available with a paid Subscription (for example, Incling’s Pro tier) or an In-App Purchase (for example, Remove Ads in Floor Is Chalk). Purchases are sold and processed by the Platform, through Apple’s In-App Purchase system or Google Play Billing. Current prices, billing periods, free trials (if any) and any free-tier limits are shown in the App and on the Platform at the time of purchase.

Automatic renewal. Subscriptions renew automatically at the end of each billing period at the current price, unless you cancel through the Platform at least 24 hours before the period ends. Your Platform account is charged for the renewal within 24 hours before the end of the current period.

Cancellation. You can cancel a Subscription at any time in your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period, and you keep access to paid features until then. Deleting an App does not cancel a Subscription.

Virtual Items. Virtual Items have no monetary value, can’t be exchanged for real money, goods or services, and can’t be transferred or sold to anyone else. You get a limited license to use them inside the App, not ownership of them. Consumable items, such as dust packs, are used up when you spend them or reset your progress. Non-consumable purchases, such as Remove Ads, can be restored through the App’s Restore purchases option with the same Platform account.

Refunds. All payments are processed by the Platform under its own terms, and refunds, where available, follow the Platform’s refund policy. For Apple purchases, see reportaproblem.apple.com. For Google purchases, see Google Play’s refund policy. Waristone does not issue refunds for Platform purchases directly.

Price and feature changes. Waristone may change prices, features, the contents of any free tier, or the balance of a game (for example, prices of Virtual Items or how much currency a level gives). Where a change affects an existing Subscription, we’ll give reasonable notice in the App or by other reasonable means. Continuing to use a paid feature after a change takes effect means you accept it.

Statutory consumer rights. Nothing in this section limits any consumer rights you have by law that can’t be waived, including under Manitoba’s Consumer Protection Act and any United States state automatic-renewal law that applies to you (for example, California Business and Professions Code §17602 and New York General Business Law §527-a). Where such a law requires it, cancellation and price-change disclosures are shown to you by the Platform at the time of purchase.

Some Apps show ads provided by third parties (currently Google AdMob in Floor Is Chalk). Ads are the advertisers’ content, not ours, and Waristone doesn’t endorse the products advertised. Rewards you get for watching an ad, like a Revive or extra currency, are Virtual Items and the section above applies to them. How ad partners handle data is explained in each App’s privacy policy.

App Store and Google Play

The following applies when you get an App from Apple’s App Store. You agree that:

these Terms are between you and Waristone, not Apple Inc. (“Apple”), and Apple is not responsible for the App or its content;
your license to the App is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
Waristone, not Apple, is solely responsible for any maintenance and support of the App, as required by law or as Waristone chooses to provide;
if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App. To the maximum extent the law allows, Apple has no other warranty obligation for the App. Any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are Waristone’s sole responsibility;
Waristone, not Apple, is responsible for any claims by you or anyone else relating to the App or your use of it, including product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy or similar laws;
if anyone claims that the App or your use of it infringes their intellectual property rights, Waristone, not Apple, is solely responsible for investigating, defending, settling and discharging that claim;
you confirm that (i) you are not located in a country subject to a Canadian or United States government embargo, or designated by the Canadian or United States government as a “terrorist-supporting” country, and (ii) you are not on any Canadian or United States government list of prohibited or restricted parties;
Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

For Apps from Google Play, you also agree that these Terms apply to your use of the App and that Google LLC is not a party to these Terms and has no obligations relating to the App.

Intellectual property

The Service, including the Waristone name, the studio mark (the stacked stones), the characters and artwork in our games, and the text, design, graphics and software of the website and Apps, is owned by Waristone and protected by Canadian and international copyright, trademark and other intellectual property laws. You may not use any Waristone branding or marks without our written permission.

Your content. You own the User Content you create in an App. When you send User Content to a third-party AI provider through an App, you give Waristone and that provider a limited, non-exclusive, royalty-free license to process it only to generate the output you asked for and return it to your device. Waristone does not store User Content on any server it runs.

Not medical advice

The Apps, including Incling, are general productivity tools and games. They are not medical devices, are not meant to diagnose, treat, cure or prevent any condition (including attention-deficit / hyperactivity disorder or any related condition), and are not a substitute for professional medical advice, diagnosis or treatment. Always ask a qualified healthcare professional about a medical condition. Relying on anything an App provides is at your own risk.

No warranties

Except as required by applicable law, the Service is provided “as is” and “as available”, without warranties or conditions of any kind, whether express, implied or statutory. To the maximum extent the law allows, Waristone disclaims all warranties and conditions, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Waristone does not promise that the Service will be uninterrupted, secure, error-free or free of harmful components, that defects will be fixed, that saved progress or Virtual Items will never be lost, or that AI output will be accurate, complete or suitable for any purpose.

Limitation of liability

To the maximum extent the law allows, Waristone will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, game progress, Virtual Items, goodwill or use, or business interruption, arising from or connected to your use of the Service, whether based in contract, tort (including negligence), strict liability or any other legal theory, and whether or not Waristone was told such damages were possible.

Waristone’s total liability arising from or connected to these Terms or the Service will not exceed the greater of (a) the amount you paid for the App or In-App Purchases in the twelve (12) months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some places don’t allow excluding or limiting certain damages or statutory warranties. There, these limits apply only as far as the law allows, and nothing in these Terms excludes liability that can’t be excluded by law. In particular, nothing in these Terms limits your non-waivable rights under Manitoba’s Consumer Protection Act or the consumer-protection laws where you live.

Indemnification

You agree to defend, indemnify and hold harmless Waristone and its contractors and agents from any third-party claims, damages, liabilities, losses, costs and expenses (including reasonable legal fees) arising from (a) your breach of these Terms, (b) your use of the Service in breach of the law, or (c) any User Content you submit that infringes someone else’s rights.

Termination

You can stop using the Service at any time, by deleting the App and, if you have one, cancelling your Subscription through the Platform. Waristone may suspend or end your access to the Service at any time, with or without notice, if we reasonably believe you have broken these Terms or the law. Sections that by their nature should survive termination will survive, including Intellectual property, Not medical advice, No warranties, Limitation of liability, Indemnification, Governing law and disputes, and General provisions.

Governing law and disputes

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada that apply there, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before starting any legal proceeding, you agree to first try to resolve the dispute by contacting us at support@waristone.com and giving us sixty (60) days to respond.

Venue. Subject to your non-waivable consumer rights where you live, you and Waristone submit to the exclusive jurisdiction of the courts in Winnipeg, Manitoba, Canada, for any dispute arising from or relating to these Terms or the Service.

Consumer rights. If you are a consumer living in the European Economic Area, the United Kingdom, Switzerland, the Province of Quebec, or anywhere else whose law gives you protections that can’t be waived by contract, those protections apply to you, and you may bring claims in the courts where you live.

General provisions

Entire agreement. These Terms, together with each App’s privacy policy and any other terms expressly included by reference, are the entire agreement between you and Waristone about the Service, and replace any earlier understandings on that subject.

Severability. If any part of these Terms is found invalid or unenforceable, it will be enforced as far as the law allows, and the rest stays in full effect.

No waiver. If Waristone doesn’t enforce a right or provision, that is not a waiver of it.

Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. Waristone may assign these Terms as part of a merger, acquisition, reorganization or sale of substantially all of its assets, without your consent.

Electronic communications. You agree to receive communications from Waristone electronically, including through the App and by email, and agree that electronic agreements, notices and disclosures meet any legal requirement for them to be in writing.

Force majeure. Waristone isn’t liable for failure or delay caused by circumstances beyond its reasonable control.

Headings. Headings are for convenience only and have no legal effect.

Language. The parties have asked that these Terms and all related documents be drafted in English. Les parties ont demandé que les présentes conditions ainsi que tous les documents connexes soient rédigés en anglais.

Changes to these terms

Waristone may update these Terms from time to time. If we make material changes, we’ll update the date at the top of this page and, where practical, let you know in the App or by other reasonable means. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you don’t agree, your remedy is to stop using the Service.

Contact

Questions about these Terms? Email support@waristone.com.