AppWaffle

Waffle Ball Terms of Use

Last updated: 2026-05-01

These Terms of Use ("Terms") form a binding end-user license agreement ("EULA") between you and App Waffle LLC, a Florida limited liability company ("App Waffle," "we," "us," or "our"), and govern your use of the Waffle Ball iOS application and any updates, patches, or new versions of it (collectively, the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not download or use the App.

These Terms incorporate by reference the Waffle Ball Privacy Policy, which describes how we handle information in connection with the App. If you have any questions about these Terms, email us at legal@appwaffle.com.

1. Relationship to the Apple App Store EULA

The App is licensed, not sold, to you. These Terms apply in addition to, and are intended to supplement, Apple's Licensed Application End User License Agreement (the "Apple EULA"), which is published at apple.com/legal/internet-services/itunes/dev/stdeula/. To the extent any provision of the Apple EULA conflicts with these Terms in a way that limits your rights as an end user, the more permissive provision controls. To the extent any provision of these Terms grants App Waffle additional rights consistent with applicable law, that provision controls.

You acknowledge that these Terms are entered into between you and App Waffle, and not with Apple Inc. or its subsidiaries ("Apple"). App Waffle, not Apple, is solely responsible for the App and its content, except as expressly stated in Section 12 ("Apple as third-party beneficiary").

2. License grant

Subject to your compliance with these Terms and the Apple EULA, App Waffle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial entertainment. This license is granted only as set forth in the Apple EULA's "Scope of License" section and is otherwise governed by these Terms.

3. Restrictions

You agree that you will not, and will not permit any third party to:

  • copy, reproduce, modify, adapt, translate, or create derivative works of the App or any part of it, except as expressly permitted by these Terms or applicable law that cannot be waived by contract;
  • reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying ideas, algorithms, structure, or organization of the App, except to the extent that this restriction is expressly prohibited by applicable law;
  • rent, lease, lend, sell, sublicense, distribute, transmit, host, or otherwise make the App or any portion of it available to any third party, including by transferring your copy to another person;
  • remove, obscure, or alter any proprietary notices, labels, or marks on or in the App;
  • use the App to transmit malware, exploits, or any code intended to interfere with the normal operation of the App, the App Store, or any other system;
  • cheat, manipulate, or otherwise exploit the App's leaderboard, scoring, or progression systems in a way that misrepresents your performance to other users; or
  • use the App in any manner that violates any applicable law or regulation, or the rights of any person.

We may suspend or terminate your access to the App, including any leaderboard entries, if you engage in conduct prohibited by this Section, without notice and without refund.

4. Intellectual property

The App, including all software code, artwork, audio, design, gameplay mechanics, text, and the visual and sonic design of Waffle Ball, is owned by App Waffle LLC or its licensors and is protected by United States and international copyright, trademark, trade-dress, and other intellectual-property laws. All rights in and to the App not expressly granted to you in these Terms are reserved by App Waffle and its licensors.

"App Waffle" and "Waffle Ball" are trademarks of App Waffle LLC. Use of those names, our logos, or any confusingly similar marks without our prior written permission is prohibited. Other product, service, and company names referenced in the App may be trademarks of their respective owners.

5. Updates

App Waffle may, from time to time, develop and release patches, bug fixes, updates, upgrades, or other modifications to the App. These may be released through the App Store and may automatically install on your device based on your App Store update settings. These Terms apply to any such update unless that update is accompanied by a separate license, in which case the terms of that license will govern.

6. Game Center and Apple services

The App uses Apple's Game Center for optional leaderboards. Your use of Game Center is governed by Apple's terms and privacy policy, which we do not control. App Waffle is not responsible for the availability of Game Center, the accuracy of any data displayed by Game Center, or any action Apple takes with respect to your Game Center account. You are responsible for any conduct of yours that violates Apple's terms.

7. User-submitted scores

When you submit a score to a leaderboard through the App, you grant App Waffle a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and transmit the score (along with the Game Center nickname Apple chooses to display alongside it) solely for the purpose of operating the leaderboard. You retain any rights you have in your Game Center nickname.

8. Feedback

If you send us suggestions, ideas, bug reports, or other feedback about the App (whether by email or otherwise), you agree that App Waffle is free to use that feedback for any purpose, without restriction or compensation to you. You represent that any feedback you provide is your own and does not infringe the rights of any third party.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. APP WAFFLE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

APP WAFFLE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT LEADERBOARD DATA WILL BE PRESERVED, ACCURATE, OR ALWAYS AVAILABLE; OR THAT THE APP WILL CONTINUE TO BE OFFERED OR SUPPORTED ON ANY PARTICULAR DEVICE OR IOS VERSION.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of the above disclaimer may not apply to you. In that case, those warranties are limited to the minimum extent permitted by law.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APP WAFFLE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, GAMEPLAY PROGRESS, LEADERBOARD STANDING, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF APP WAFFLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APP WAFFLE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO ACQUIRE THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE U.S. DOLLARS (US$5.00). Because the App is currently distributed free of charge, this cap is, in practice, US$5.00.

The limitations in this section apply to the maximum extent permitted by law and even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full; in that case, our liability is limited to the minimum extent permitted by law. Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, gross negligence, or any other liability that cannot be lawfully limited or excluded.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless App Waffle LLC and its members, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the App in violation of these Terms; (b) your violation of any law or of the rights of any third party; or (c) any content or feedback you submit, transmit, or otherwise make available to us in connection with the App.

12. Apple as third-party beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. The following obligations of App Waffle to you under these Terms are also obligations under the Apple EULA:

  • Maintenance and support. App Waffle, not Apple, is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Product claims. App Waffle, not Apple, is responsible for addressing any of your claims or those of a third party relating to the App or your possession or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual-property claims. In the event of a third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, App Waffle, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms.
  • Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Termination

These Terms remain in effect until terminated. We may terminate these Terms or your right to use the App at any time, with or without notice, if we reasonably believe you have violated these Terms. You may terminate these Terms at any time by deleting the App from all of your devices. Upon termination, the licenses granted in Section 2 immediately end, and you must stop all use of the App. The provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 4 (Intellectual property), 7 (User-submitted scores), 8 (Feedback), 9 (Disclaimers), 10 (Limitation of liability), 11 (Indemnification), 12 (Apple as third-party beneficiary), 14 (Governing law and venue), 15 (Dispute resolution), and 16 (General).

14. Governing law and venue

These Terms and any dispute or claim arising out of or relating to them or to the App (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict-of-laws principles, and, where applicable, the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and App Waffle agree that the exclusive jurisdiction and venue for any action permitted by Section 15 to be brought in court will be the state courts located in Lee County, Florida, or, where federal jurisdiction exists, the United States District Court for the Middle District of Florida, Fort Myers Division, and you consent to the personal jurisdiction of those courts. This section does not deprive you of any mandatory consumer protections under the law of your country of residence.

15. Dispute resolution

If a dispute arises between you and App Waffle, we both agree to first try to resolve it informally. Before filing any formal action, you agree to send a written notice of the dispute to legal@appwaffle.com describing the nature of the claim and the relief sought, and to allow at least thirty (30) days for App Waffle to respond and, if possible, resolve the matter without litigation. If we are unable to resolve the dispute informally within that period, either party may bring an action in the courts identified in Section 14.

These Terms do not contain a mandatory arbitration clause or a class-action waiver. Either party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights or confidential information.

16. General

Entire agreement. These Terms, together with the Apple EULA and the Waffle Ball Privacy Policy, constitute the entire agreement between you and App Waffle regarding the App and supersede any prior or contemporaneous understandings on that subject.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so will be void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and App Waffle.

Notices. We may give notices to you by surfacing them in the App or on the App Store listing. You must give notices to us by email at legal@appwaffle.com.

Headings. Section headings are for convenience only and do not affect interpretation.

17. Changes to these Terms

We may modify these Terms at any time by posting an updated version to this page and revising the "Last updated" date at the top. Where the changes are material, we will surface a notice in the App or take other steps required by applicable law before the changes take effect. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your remedy is to stop using the App and delete it from your devices.

18. How to contact us

If you have any questions about these Terms, please email us at legal@appwaffle.com. You can also write to us at App Waffle LLC, Bonita Springs, Florida, USA.