Terms of Service — Viking Media & Software

1. Who we are

Viking Media & Software is an independent studio that builds and publishes its own software. In these terms, "we", "us" and "our" mean Viking Media & Software. You can reach us at any time at [email protected].

2. What these terms cover

They cover this website, and any app, game or Shopify app we publish that does not have terms of its own.

Where a product has its own terms, those apply to that product and take precedence over this page. TideTracker has its own Terms of Use and Privacy Policy.

3. Accepting these terms

By using this website, or by downloading, installing or using our software, you agree to these terms. If you do not agree, please do not use them.

If you are acting for a business — installing one of our Shopify apps on a store you manage, for example — you confirm you have authority to accept these terms on that business's behalf.

4. Age

You must be old enough to enter a binding contract where you live, and you must meet the minimum age of the store you download from. Some of our products set a higher minimum age; where they do, it is stated in that product's own terms and in its store listing.

5. Your licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use our software for its intended purpose, subject to these terms and to the rules of the store you obtained it from. We license our software to you; we do not sell it.

You may not:

copy, modify, translate or create derivative works of it;
reverse engineer, decompile or disassemble it, except where that restriction cannot lawfully apply;
rent, lease, lend, sell, sublicense or redistribute it;
remove or obscure any copyright, trade mark or other notice; or
use it to build a competing product.

6. Purchases and subscriptions

Our products may be free, sold for a one-time price, or offered as a recurring subscription. Which applies, and at what price, is always shown before you buy.

We do not process payments. Purchases are handled by the store you bought from — Apple, Google or Shopify — under their own terms. They handle billing, tax and payment details. We never see or store your card details.

Subscriptions renew automatically until you cancel, and you cancel through the store you subscribed with rather than through us. One-time purchases do not renew. The specific price, billing period, trial and renewal terms for a product are set out in that product's own terms and on its purchase screen.

7. Refunds

Because purchases go through Apple, Google or Shopify, refunds follow that store's policy and requests generally have to go to them rather than to us. Nothing here affects any statutory cancellation or withdrawal right you have as a consumer. If something has gone wrong with our software, write to us anyway and we will help where we can.

8. Acceptable use

You agree not to:

use our software unlawfully, or to infringe anyone's rights;
interfere with or place unreasonable load on our systems;
attempt to gain unauthorised access to any part of a product or system;
circumvent any licensing, payment or access control; or
introduce malicious code.

9. Intellectual property

All rights in our software — source code, designs, artwork, audio, text, and the Viking Media & Software name and logo — belong to us or our licensors. These terms transfer none of them to you.

Content you create inside one of our products remains yours. Where a product needs to store or display it in order to work, you grant us only the limited permission required to do that, and nothing more.

Our products may include third-party open-source components licensed under their own terms, which prevail over this section for the parts they cover. Where a product includes such components, its attribution notices are available within that product.

10. Stores and third parties

Our software is distributed through third-party stores and may connect to third-party services. Your use of those is governed by their terms, not ours, and we are not responsible for them.

For products obtained through the Apple App Store: these terms are between you and us, not Apple. Apple is not responsible for the product or for support, and Apple is a third-party beneficiary of these terms and may enforce them against you.

11. Availability and changes

We work to keep our software available and working, but we do not promise it will be uninterrupted or error-free. We may change, add or remove features, and we may discontinue a product. If we discontinue something you pay for on a subscription, we will give reasonable notice and will not charge you for periods after it stops being available.

12. Disclaimers

Except where the law provides otherwise, our software is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Some jurisdictions do not permit certain disclaimers, so parts of this section may not apply to you. Nothing here affects your mandatory consumer rights.

13. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of our software.

Our total liability arising out of or relating to these terms is limited to the amount you have paid us for the product concerned in the twelve months before the event giving rise to the claim.

Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

14. Termination

You may stop at any time by uninstalling our software and cancelling any subscription through the relevant store. We may suspend or end your access if you materially breach these terms or if the law requires it. Sections that should outlast termination — intellectual property, disclaimers, limitation of liability and governing law — continue to apply.

15. Changes to these terms

We may update these terms. The "last updated" date at the top always reflects the current version, and for material changes we will give notice in the product or by email where we reasonably can. Continuing to use our software after a change takes effect means you accept the updated terms.

16. Governing law

These terms are governed by the law of the country in which Viking Media & Software is established, and the courts of that country have jurisdiction over disputes arising from them.

If you are a consumer, this does not deprive you of the protection of any mandatory provisions of the law of the country where you live, and you may bring proceedings in your local courts.

17. Contact

Questions about these terms: [email protected]. If you need our postal details for a formal notice, ask and we will provide them.