Terms of Service for 100 Heads

These are the Terms of Service ("Terms") for the app "100 Heads" (the "Service"), provided by Jaysquared Till Henrik Jonathan Hillebrand ("Jaysquared", "we"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. They apply to everyone who accesses or uses the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of them, you may not use the Service.

100 Heads is a guessing game for two people. Both players independently guess the most popular answers to a question; a duel consists of three rounds. Questions, answer boards and percentages are initially generated with the help of artificial intelligence and labelled "AI-generated". Once enough players have answered a question blind, the board is replaced by those players' real answers. The Service is entertainment only; there are no prizes, no money and no other rewards.

The Service is intended for people aged 12 and over. Once the Service offers features that require consent to the processing of personal data (for example taking part in the answer collection, see "Your contributions"), you may use them under 16 only with the permission of a parent or guardian; the app asks for your age there.

If no other player is available, you play against a recording of a round another player previously played on the same board. Conversely, your played rounds may be shown to other players as their opponent. A recording contains the course of the round (hits, misses, timings) and your player name, but no reference to your identity. You can disable the use of your rounds as recordings in the settings; no new recordings of you are created after that.

We use artificial intelligence ("AI") to generate questions and answer boards and to judge whether a typed answer matches an answer on the board. The app says so; the provider we use is named in the settings and in the Privacy Notice. You switch the AI judging of answers on or off at your first duel and at any time in the settings; with it off, only answers that exactly match the board count. AI-generated content can be inaccurate, incomplete or inappropriate, and the automatic judgement of an answer may occasionally be wrong. Such errors do not entitle you to have a game result changed.

You must not manipulate the Service, use automated programs, bots, cheats or scripts, circumvent security mechanisms, extract or distribute answer boards from the Service, or harass other players. A breach may lead to results being voided, individual features being blocked or the account being closed.

The Service is free of charge. We may show advertising between duels, never during a round, and may offer an ad-free subscription. Whether and on what terms this happens is shown in the app. Subscriptions are purchased and billed through the Apple App Store; prices, term and the conditions for renewal, cancellation and refunds are set out in the purchase dialog and Apple's terms. A subscription renews automatically for the chosen term unless you cancel it in your Apple ID settings at least 24 hours before it ends. Refunds are handled exclusively by Apple. A subscription gives you no claim to particular content or to the availability of the Service beyond its term.

Our Service may contain links to third-party websites or services that are not owned or controlled by Jaysquared. Jaysquared has no control over, and assumes no responsibility for, the content, privacy policies or practices of such websites or services. We strongly advise you to read the terms and privacy policies of any third-party website or service you visit.

Jaysquared continuously develops the Service. We may change, add to or discontinue features, content, question packs and game rules where there is a valid reason, in particular to adapt the Service to new technical conditions or legal requirements, to add features, to improve security or game balance, or because a service provider changes or discontinues its offer. Changes cause you no additional costs, and we inform you of them clearly and understandably. If a change impairs your access to or use of the Service more than insignificantly, we inform you in advance, and you can end the contract free of charge within 30 days by deleting your account (Section 327r of the German Civil Code). We aim for high availability but do not guarantee it; maintenance, outages at service providers or force majeure can cause interruptions. We provide the updates needed to keep the Service in conformity with the contract (Section 327f of the German Civil Code) and will inform you if the Service is discontinued.

We may temporarily block your account or individual features, or close the account, if you breach these Terms, in particular the rules under "Your contributions" and "Fair play", or if this is necessary to protect other players or the Service. For less serious breaches we will warn you first in the app or by email. After closure, your right to use the Service ends. Please cancel an existing subscription through Apple; statutory refund rights remain unaffected.

The app, its design, sounds, graphics, texts, software and the answer boards created or compiled by Jaysquared are protected by copyright. You receive a non-exclusive, non-transferable right to use the app on your Apple devices for private purposes. Any further use, in particular copying, decompiling or commercially exploiting content, is not permitted without our written consent.

Jaysquared is liable without limitation for damage resulting from injury to life, body or health, for intent and gross negligence, for fraudulent concealment of a defect, where a guarantee has been given, and under the German Product Liability Act. In the event of a slightly negligent breach of a material contractual obligation, meaning an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded. This also applies to the liability of our vicarious agents.

The statutory warranty rights for digital products (Sections 327 et seq. of the German Civil Code) apply to the free Service and to the subscription. Beyond that, Jaysquared does not guarantee that the Service will be uninterrupted, error-free or available at every location, that all errors will be corrected, or that content, answer boards and AI judgements are correct or complete.

We may change these Terms where this is necessary for legal reasons, because of changes to the Service or to close gaps, provided this does not unreasonably disadvantage you and does not affect the main obligations of the contract. We will inform you of changes in the Service at least 30 days before they take effect. If you do not object within that period, the changed Terms apply; in the notice we will point out this consequence, your right to object and the deadline separately. If you object, the previous Terms continue to apply, and both you and we may end the contract. Changes to the main obligations require your express consent.

For information on which data we collect and how we use it, please see our Privacy Notice for 100 Heads.