These Terms of Use (the "Terms") form a legal agreement between you and Luminaire Games LLC ("Luminaire Games," "we," "us," or "our") governing your download, access to, and use of the iOS version of Where's Tess (the "Game"), bundle identifier com.leapgs.WT.
Please read these Terms carefully. By downloading, accessing, or using the Game, you agree to these Terms. If you do not agree, do not use the Game. If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf.
1. Company Information
Luminaire Games LLC
15 Buzand Street
Yerevan, Armenia
TIN: 02883991
Email: alexnebesky@gmail.com
2. Relationship With Apple
These Terms are between you and Luminaire Games, not Apple Inc. ("Apple"). Luminaire Games, not Apple, is responsible for the Game and its content. Your use of the Game must also comply with the applicable Apple Media Services Terms and Conditions and App Store Usage Rules.
Apple has no obligation to provide maintenance or support for the Game. To the extent required by applicable law or Apple's rules, Luminaire Games is responsible for addressing support requests, warranties, product claims, legal or regulatory claims, and intellectual-property claims concerning the Game.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple may enforce the Apple-related provisions against you.
If these Terms are not submitted as a custom EULA in App Store Connect, Apple's Standard Licensed Application End User License Agreement also applies. If a mandatory Apple term conflicts with these Terms, the mandatory Apple term controls to the extent of that conflict.
3. Eligibility
You must be at least 13 years old to use the Game. If the law where you live requires a higher age to consent to these Terms or to data processing, you may use the Game only with valid permission from a parent or legal guardian.
You represent that you are legally permitted to use the Game and are not prohibited from receiving software or services under applicable trade sanctions or export-control laws.
4. License to Use the Game
The Game is licensed, not sold. Subject to these Terms and the App Store Usage Rules, Luminaire Games grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Game on Apple-branded devices that you own or control. The Game may also be used through Family Sharing or another Apple-authorized arrangement where Apple's rules permit it.
This license includes updates that replace or supplement the Game unless an update is provided under different terms. Luminaire Games reserves all rights not expressly granted to you.
5. Accounts, Game Center, and Cloud Saves
The Game may use Apple Game Center and Firebase services to authenticate you and synchronize game progress. You are responsible for maintaining control of your Apple and Game Center accounts and for activity performed through them.
Do not share authentication credentials or attempt to access another player's account or save data. Notify us promptly if you believe your game account or progress has been accessed without authorization.
Cloud saves are provided as a convenience. We use reasonable efforts to maintain them, but synchronization can be affected by connectivity, platform outages, corrupted local data, incompatible versions, or third-party service availability. You should not rely on the Game as the sole storage location for information of independent value.
6. In-App Purchases and Virtual Items
The Game may offer in-app purchases, including virtual currency, keys, outfits, episodes, bundles, special offers, and other digital entitlements (collectively, "Virtual Items"). All iOS purchases are processed by Apple through the App Store and are also subject to Apple's payment terms.
6.1 Virtual Items are licenses
Virtual Items are limited rights to use digital features inside the Game. They:
- do not represent money, stored value, ownership, or a financial instrument;
- have no cash value and cannot be redeemed for cash or property;
- cannot be sold, transferred, traded, gifted, or used outside the Game unless the Game expressly provides an authorized feature; and
- remain the property of Luminaire Games or its licensors, with only a limited in-game use license granted to you.
Purchased virtual currency does not expire while the Game remains available and your account remains in good standing. Promotional or free rewards may be subject to clearly disclosed event, campaign, eligibility, or availability conditions, where permitted by law and Apple policy.
6.2 Prices, delivery, and validation
Prices and currencies are displayed by the App Store and may include or exclude taxes depending on your region. Apple may change displayed prices according to its pricing rules. A purchase is complete only after Apple confirms it and our systems validate the transaction where validation is required.
We may delay delivery while a transaction is being validated or refuse duplicate, fraudulent, reversed, canceled, or invalid transactions. If a valid purchase is confirmed but the corresponding entitlement is not delivered, contact us with the product name, approximate purchase time, and Apple order information that is safe to share. Never send your Apple ID password or full payment-card details.
6.3 Restoring purchases
Restorable non-consumable purchases may be restored using Apple and Game features where supported. Consumable items generally cannot be restored by Apple after they have been consumed, although synchronized game progress may preserve the resulting balance or entitlement.
6.4 Refunds and chargebacks
Apple controls App Store billing and refund decisions. Refund requests should be submitted through Apple's official purchase-support process. If Apple reverses, refunds, or invalidates a transaction, we may remove the associated Virtual Items or adjust the account balance to prevent duplicate or unpaid entitlements.
Nothing in this section limits any mandatory consumer rights available to you.
7. Advertising and Rewarded Ads
The Game may display third-party advertising, including rewarded ads. Ad availability, content, frequency, and rewards can vary by device, region, consent status, network, and inventory. We do not guarantee that an ad will always be available.
A rewarded-ad benefit is granted only after the advertising provider confirms successful completion. Attempts to manipulate ad callbacks, automate views, falsify completion, or exploit technical errors may result in withheld rewards or account action.
Third-party advertisements and their destination pages are controlled by their providers. Luminaire Games does not endorse every advertised product and is not responsible for transactions you enter into with an advertiser. Report inappropriate ads to us with a screenshot and approximate time so we can investigate with the advertising provider.
8. Acceptable Use
You agree not to:
- use the Game for unlawful, fraudulent, abusive, harassing, threatening, or harmful activity;
- copy, reproduce, distribute, publicly perform, commercially exploit, sublicense, rent, sell, or transfer the Game or its content except as expressly permitted;
- reverse engineer, decompile, disassemble, derive source code from, modify, or create derivative works of the Game, except where applicable law expressly permits it;
- use cheats, bots, scripts, unauthorized automation, modified clients, emulators used to evade controls, exploits, or other tools that alter gameplay or entitlement delivery;
- bypass access controls, purchase validation, advertising confirmation, security checks, content gates, or regional restrictions;
- interfere with servers, networks, telemetry, cloud saves, other players, or the normal operation of the Game;
- upload or transmit malware, harmful code, forged requests, or data intended to compromise the Game or a provider;
- impersonate another person, access another player's account, or misrepresent purchase or support information;
- scrape, harvest, or collect data from the Game or its users without authorization; or
- use Luminaire Games names, characters, art, logos, or other intellectual property in a way that suggests sponsorship or authorization when none exists.
Security research must be conducted lawfully and must not access other users' data, disrupt the Game, or publicly disclose an unresolved vulnerability. Send responsible vulnerability reports to the contact address in Section 1.
9. Game Content and Intellectual Property
The Game, including its software, stories, dialogue, characters, artwork, animation, music, sound, interfaces, databases, logos, and trademarks, is owned by Luminaire Games or its licensors and is protected by intellectual-property and other laws.
Where's Tess is a fictional entertainment experience. Characters, messages, social posts, locations, events, and relationships may be fictionalized. Similarity to real persons or events may be coincidental unless expressly identified otherwise.
No ownership rights are transferred to you. You may create personal, non-commercial screenshots or use sharing features provided by the Game, subject to these Terms, third-party rights, and applicable law. Any broader commercial use requires prior written permission.
10. Feedback and Information You Submit
You may choose to provide survey answers, support messages, bug reports, suggestions, reviews, or other feedback. You retain ownership of original material you submit. You grant Luminaire Games a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and analyze that material only as reasonably necessary to provide support, operate and improve the Game, address legal or security issues, and develop related features.
Do not submit material you do not have the right to share. Do not include confidential, illegal, infringing, or unnecessarily sensitive personal information.
We are not required to implement suggestions or compensate you for unsolicited ideas. This section does not change how personal data is handled under our Privacy Policy.
11. External Services and Links
The Game may connect to or link to Apple, Game Center, advertising networks, social networks, community services, sharing destinations, and other third-party services. Those services are governed by their own terms and privacy policies. Availability may differ by region, language, device, or provider status.
You use external services at your own discretion and must comply with their rules. Luminaire Games does not control and is not responsible for third-party content, availability, security, or transactions, except where responsibility cannot be excluded by law.
12. Updates, Availability, and Changes to the Game
We may add, remove, balance, redesign, correct, suspend, or discontinue features, stories, rewards, Virtual Items, offers, compatibility, or services. We may require an update to continue using online features, cloud saves, purchases, advertising, or newly delivered content.
Some functionality depends on the App Store, Game Center, internet access, Firebase, content delivery systems, advertising networks, or other providers. Interruptions and maintenance may occur. We do not promise that every feature or item will remain available indefinitely, but we will respect mandatory consumer rights and applicable Apple rules.
13. Suspension and Termination
You may stop using the Game at any time by uninstalling it. You may request deletion of Luminaire-controlled account data as described in the Privacy Policy.
We may restrict or terminate access when reasonably necessary because of:
- a material or repeated breach of these Terms;
- fraud, unauthorized purchases, chargeback abuse, cheating, security threats, or interference with the Game;
- a legal, regulatory, platform, or safety requirement; or
- discontinuation of the Game or an essential third-party service.
Where appropriate and legally required, we will provide notice and a reasonable opportunity to remedy the issue. Upon termination, your license ends and you must stop using the Game. Sections that by their nature should survive termination, including ownership, disclaimers, liability limits, disputes, and accrued payment obligations, remain effective.
14. Maintenance, Support, and Product Claims
Luminaire Games is responsible for maintenance and support to the extent required by applicable law. Apple has no obligation to provide maintenance or support for the Game.
Contact Luminaire Games for claims or questions relating to the Game, including product liability, failure to meet legal or regulatory requirements, consumer protection, privacy, or intellectual-property claims. Luminaire Games, not Apple, is responsible for investigating, defending, settling, and resolving third-party intellectual-property claims concerning the Game, to the extent required by law.
15. Disclaimers
To the maximum extent permitted by applicable law, the Game and related services are provided "as is" and "as available." Luminaire Games disclaims implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, quiet enjoyment, and non-infringement, except where such warranties cannot lawfully be excluded.
We do not warrant that the Game will be uninterrupted, error-free, compatible with every device, free from harmful components, or that all defects or lost progress can be corrected. No statement by support personnel creates a warranty not expressly stated in these Terms.
If the Game fails to conform to a warranty that cannot be excluded, you may notify Apple, and Apple may refund the purchase price paid for the Game, if any, as required by Apple's rules. To the maximum extent permitted by law, Apple has no other warranty obligation for the Game, and Luminaire Games remains responsible for other applicable claims.
These disclaimers do not affect statutory rights that cannot be waived.
16. Limitation of Liability
To the maximum extent permitted by law, Luminaire Games and its officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profits, lost opportunities, lost data, business interruption, or loss arising from third-party services, even if advised that such loss was possible.
To the maximum extent permitted by law, Luminaire Games' total aggregate liability arising from the Game or these Terms will not exceed the greater of:
- the amount you paid to Luminaire Games through the Game during the twelve months before the event giving rise to the claim; or
- USD 50.
These limits do not apply to liability that cannot legally be limited, including liability for fraud, willful misconduct, gross negligence where applicable, death or personal injury caused by negligence, or mandatory consumer-protection obligations.
17. Indemnity
To the extent permitted by law, you agree to reimburse Luminaire Games for reasonable losses, liabilities, and costs arising directly from your intentional unlawful conduct, fraud, infringement of third-party rights, or material breach of these Terms. This section does not apply to losses caused by Luminaire Games and does not limit mandatory consumer rights.
18. Export and Sanctions Compliance
You may not use, export, re-export, or transfer the Game in violation of applicable export-control, sanctions, or trade laws. You represent that you are not located in a prohibited territory and are not listed on an applicable government restricted-party list. You may not use the Game for activities prohibited by applicable law.
19. US Government Users
The Game and its documentation are commercial computer software and commercial computer-software documentation. US Government users receive only the rights granted to other users under these Terms and applicable procurement law.
20. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-law rules. The courts of Yerevan, Armenia have jurisdiction over disputes, except that this does not deprive you of mandatory consumer protections or the right to bring a claim in another forum available under the law where you habitually reside.
Before filing a claim, please contact us and describe the issue so both sides can try to resolve it informally. Nothing in these Terms requires private arbitration or prevents either party from seeking urgent injunctive relief where legally available.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21. Changes to These Terms
We may update these Terms to reflect changes in the Game, business practices, providers, or law. We will update the "Last updated" date and provide additional notice where required. Material changes apply prospectively.
If you do not agree to updated Terms, you must stop using the Game. Continued use after updated Terms become effective constitutes acceptance only to the extent permitted by applicable law.
22. General Terms
These Terms, the Privacy Policy, applicable purchase disclosures, and mandatory Apple terms form the agreement governing your use of the Game. If part of these Terms is unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect.
Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, corporate reorganization, or sale of the Game, subject to applicable law.
Headings are for convenience and do not affect interpretation. English is the controlling version to the extent permitted by law; localized versions may be provided for convenience.
23. Contact Us
For support, legal notices, or questions about these Terms, contact:
Luminaire Games LLC
15 Buzand Street
Yerevan, Armenia
TIN: 02883991
Email: alexnebesky@gmail.com