Terms of Use

These Terms of Use are an agreement between you and Webair AI LLC, a limited liability company formed in New York and operating the games division WAAI GAMES (“we”, “us”, “our”). They apply when you use this website or any of our games.

By using our website or our apps, you agree to these terms. If you do not agree, please do not use them. If you are under the age of majority where you live, you may use them only with the involvement of a parent or guardian who agrees to these terms.

Our iOS apps are licensed, not sold, to you under Apple’s Licensed Application End User License Agreement (the “Apple EULA”), which applies automatically to apps distributed through the App Store. We have not substituted a custom licence agreement.

These Terms of Use supplement the Apple EULA and govern this website. If any term here conflicts with the Apple EULA in relation to an app obtained from the App Store, the Apple EULA controls for that app.

You also acknowledge that Apple has no obligation to furnish any maintenance or support for our apps, that Apple is not responsible for addressing any claims relating to them, and that Apple is a third-party beneficiary of the Apple EULA and entitled to enforce it.

Subject to these terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use our games on devices you own or control, and to use this website, for your own personal, non-commercial entertainment.

That is the whole of what you receive. No other rights are granted, expressly or by implication. We reserve all rights not expressly granted here.

We own or license everything that makes up our games and this website: the source code, game design and mechanics, artwork, characters, animation, sound, music, text, layout, and the way it all fits together. This is protected by copyright, trademark, and other intellectual property laws.

WAAI GAMES, the WAAI GAMES logo, and the names 50/50, ON THE DOT, REX and their associated logos and artwork are trademarks of Webair AI LLC, whether or not registered. Nothing in these terms gives you the right to use them.

Apple, iPhone, iPad, App Store, TestFlight, and Game Center are trademarks of Apple Inc. We are not affiliated with, endorsed by, or sponsored by Apple.

You agree not to:

• Copy, modify, translate, or create derivative works from our games, website, or artwork, except where the law expressly permits it despite this restriction.
• Reverse engineer, decompile, or disassemble any part of our software, or attempt to derive its source code, except to the limited extent applicable law prohibits us from restricting this.
• Sell, rent, lease, sublicense, distribute, or commercially exploit our games or any part of them, including reskinning or republishing them under another name.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice.
• Cheat, tamper with scores or saved data, or use tools to gain an unfair or fabricated result, and then present that result as genuine.
• Attack or interfere with the website or its infrastructure, including by attempting unauthorized access, probing for vulnerabilities without our written permission, introducing malicious code, or placing unreasonable load on it.
• Scrape or harvest the website by automated means in a way that burdens it, or use it to build a competing product.
• Use our games or website in violation of any applicable law.

If you believe you have found a security vulnerability, please tell us at legal@waaigames.com rather than exploit it. We will not pursue good-faith security research that is reported to us promptly and privately.

We are a small studio, and our games and this website are provided on an as-available basis. We may change, update, suspend, or discontinue any game, feature, or part of this website at any time, with or without notice. A feature you like today may be altered or removed.

We may release updates, and your device may install them automatically depending on your settings. Some updates may be required for a game to keep working. We do not promise to support older operating system versions or devices indefinitely.

We do not guarantee that our games or this website will be uninterrupted, timely, secure, or error-free, or that saved progress will never be lost. Progress is stored on your device and is not backed up by us — see our Privacy Policy. If you delete an app, reset your device, or lose it, that progress is gone and we cannot restore it.

Our games are currently offered without in-app purchases or subscriptions. If we introduce paid content in the future, it will be sold through Apple, and Apple’s payment, billing, and refund policies will apply to it. Refund requests for App Store transactions go to Apple, not to us, because we neither process nor hold the payment.

You may stop using our games and this website at any time, and end this agreement by deleting the apps and ceasing to use the site.

We may suspend or terminate your licence if you materially breach these terms — particularly the restrictions in What you may not do — or if we are required to by law. Where it is reasonable and lawful to do so, we will give you notice and an opportunity to put things right first.

On termination, your licence ends and you must stop using and delete our software. The sections on ownership, disclaimers, limitation of liability, and dispute resolution survive termination.

To the fullest extent permitted by law, our games and this website are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that our games will meet your expectations, that scoring will be free of error, or that defects will be corrected. No advice or information you obtain from us creates any warranty not expressly stated here.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In that case, such warranties are limited to the minimum duration and extent the law permits.

To the fullest extent permitted by law, Webair AI LLC and its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or saved game progress, arising out of or relating to your use of our games or this website — even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims relating to our games or this website will not exceed the greater of the amount you paid us in the twelve months before the claim, or twenty US dollars ($20).

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold Webair AI LLC harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising from your breach of these terms or your misuse of our games or this website. We reserve the right to assume the exclusive defence of any matter subject to indemnification, at your expense, and you agree to cooperate with us in doing so.

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and by applicable United States federal law. If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer laws of your country of residence.

Talk to us first

Before starting any formal proceeding, you agree to contact us at legal@waaigames.com and give us 30 days to resolve the matter informally. Most things can be sorted out this way, and we would prefer to.

Where disputes are heard

If we cannot resolve a dispute informally, you and we agree to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York, and each of us consents to personal jurisdiction and venue there.

Entire agreement. These terms, together with our Privacy Policy and the Apple EULA, are the entire agreement between you and us about our games and this website, and supersede anything said previously.

Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest stays in force.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Changes to these terms. We may update these terms. When we do, we will revise the effective date at the top of this page, and material changes will be noted here. Continuing to use our games or this website after a change means you accept the revised terms.

Legal notices. Send formal legal notices to legal@waaigames.com and by post to Webair AI LLC, 1025 Old Country Road, Suite 409, Westbury, NY 11590.