Terms of use

1. Agreement

These Terms & Conditions ("Terms") are an agreement between you and The Spiritual Seek - Personality Tests, via Roma, Milano, Italy, the seller and publisher of the game, together with its developer Luke Garrison ("we", "us"). They apply to the game Moto Warper (the "Game") for iPhone and iPad from the App Store, for Android from Google Play and for desktop web browsers (the desktop edition from itch.io and its free demo), and to this website.

By downloading, installing or using the Game you accept these Terms. If you do not accept them, please do not use the Game. Sections 15, 16 and 17 contain additional terms that apply depending on where you got the Game.

2. Your licence to use the game

We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the Game for your own non-commercial entertainment on devices you own or control, as permitted by the rules of the store you obtained it from. The Game is licensed, not sold to you.

You may not, except where mandatory law expressly allows it:

• copy, modify, translate, rent, lend, sell, distribute or publicly perform the Game or any part of it;
• decompile, reverse engineer or disassemble the Game, or attempt to extract its source code;
• bypass, disable or interfere with the purchase and unlock system or any other protection;
• remove or change copyright, trademark or other notices.

3. Free chapter and in-app purchase

• Free chapter. The Game is free to download. Levels 1–4 are included at no cost and remain available to you.
• Full Game Unlock. A single, optional, one-time in-app purchase unlocks levels 5–20, the finale (level 20), the full-campaign leaderboard and a secret level (NULL), which opens once you finish level 20 while holding at least 40 gravity shards in total. It is a non-consumable purchase: it is not a subscription, does not renew, and is not used up.
• Price. The price is US$6.99 in the United States. In other countries the store sets the local price in your currency, which may differ and may include local taxes. The binding price is the one shown by the store before you confirm. Later price changes do not affect a purchase you have already made.
• Payment. Purchases are made and paid through the App Store or Google Play, under their terms. We never receive your payment details.
• Pending purchases. If a purchase needs approval (for example Ask to Buy) or a slower payment method, the levels unlock only once the store confirms the payment.
• Restoring. The unlock is linked to the store account used to buy it. You can restore it at no extra cost on your other supported devices signed in to the same Apple Account or Google account, automatically or with Restore purchase.
• No transfer between stores. An App Store purchase does not unlock the Android version, and a Google Play purchase does not unlock the iOS version. There is no online sync of progress: saved progress stays on the device and moves to another device only through your own iCloud or Google backup or a device-to-device transfer, within the same platform.
• No ads, nothing else to buy. The Game contains no advertising and offers no other purchases.

4. Refunds and right of withdrawal

Because payments are processed by Apple or Google, refund requests are handled by them under their own policies:

• iOSat reportaproblem.apple.com;
• Androidfollowing Google Play's refund policy.

If a purchase is refunded, the full game is locked again on that store account.

Consumers in the EU and the UK: the in-app purchase is digital content supplied without a physical medium. You lose the statutory 14-day right of withdrawal once the content starts to be supplied with your express prior consent and your acknowledgement that the right is lost; the store asks for this at checkout. This does not affect your legal rights if the digital content is faulty or not as described, including the legal guarantee of conformity under the Italian Consumer Code (Legislative Decree 206/2005) and Directive (EU) 2019/770. If something does not work as described, please contact us.

5. Devices, updates and availability

• The Game requires iOS or iPadOS 15.0 or later, or Android 7.0 or later. It plays in landscape. Tilt steering uses the device's motion sensors; touch steering is available where they are missing or not wanted.
• Performance, frame rate and battery use vary between devices. Check that the Game runs well on your device in the free chapter before you buy.
• We may release updates to fix problems, improve the Game or comply with store and legal requirements. Some updates may be needed to keep using the Game. We will not intentionally remove levels you have paid for, unless required by law or by circumstances outside our control.
• The Game does not need an internet connection to play. Buying and restoring the full game need a connection to the store, and the online leaderboards need a connection to our server. The availability of the Game in each country depends on the stores.

6. Health and safety

7. Fair play and leaderboards

Do not use cheats, modified versions of the Game, automation or exploits to manipulate records, scores or unlocks, and do not use the Game or this website for any unlawful purpose. Do not try to disrupt, overload or gain unauthorised access to this website, its contact form or the leaderboard service.

The online leaderboards are optional and free to use. Scores you publish are checked by replaying the recording of your steering, and runs that cannot be verified are not accepted. Your display name, flag, device type, play time and scores are shown publicly, as described in the Privacy Policy. Choose a display name that is not offensive, does not impersonate anyone and is not personal information; names are filtered, and we may refuse or change a name, and remove scores or players that break these Terms or the rules above, without notice. Publishing is limited to once every 24 hours. We do not guarantee that the leaderboards will always be available, and they may be reset when a level changes in an update. You can delete your online data at any time from inside the Game.

8. Intellectual property

The Game and this website, including their code, levels, graphics, music, sound effects, texts and the name and logo "Moto Warper", are protected by copyright and other intellectual property rights belonging to us or our licensors. All rights not expressly granted to you are reserved.

The Game includes open-source software and fonts used under their own licences, including Three.js and Capacitor (MIT licence) and the Michroma and Rajdhani typefaces (SIL Open Font License 1.1). Nothing in these Terms limits your rights under those licences.

If you send us ideas or suggestions, we may use them freely and without any obligation to you.

9. Privacy

The Game has no ads, no tracking, no analytics and no account. Your progress stays on your device; only the purchase check and the scores you choose to publish to the leaderboards are sent to our server. Details are in our Privacy Policy, which is also available inside the Game.

10. Disclaimers

We work hard to make the Game reliable and enjoyable, but to the extent permitted by law it is provided "as is" and "as available". We do not promise that it will be free of errors or work without interruption on every device. Nothing in these Terms excludes or limits rights you have as a consumer that cannot be excluded or limited by contract, including the legal guarantee of conformity.

11. Limitation of liability

To the extent permitted by law, we are not liable for indirect or unforeseeable loss or damage, and our total liability to you in connection with the Game is limited to the amount you paid for it. Saved data lives on your device; your device's own backup is the way to protect it.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), or for any other liability that cannot be limited or excluded by law.

12. Termination

You can stop using the Game at any time by deleting it. Your licence ends automatically if you seriously breach these Terms; in that case you must stop using the Game and delete it. Sections 8, 10, 11, 13 and 15 continue to apply after the licence ends.

13. Governing law and disputes

These Terms are governed by Italian law. If you are a consumer, you also keep the protection of the mandatory rules of the country where you habitually live, and you may bring proceedings in the courts of that country. For consumers resident in Italy, the court of the consumer's place of residence or domicile has jurisdiction. For everyone else, the courts of Milan, Italy, have jurisdiction.

If you have a problem, please contact us first: most issues can be solved quickly and informally.

14. Changes to these terms

We may update these Terms, for example when the Game gains new features or the law changes. The current version is always published on this page with its date. Significant changes will also be announced on this website or in a Game update. Changes do not reduce what an in-app purchase you have already made includes.

15. Additional terms: App Store version

If you downloaded the Game from the App Store, the following terms also apply. Unless a custom licence agreement is shown on the Game's App Store page, your use of the App Store version is also governed by Apple's Licensed Application End User License Agreement (Standard EULA); if it conflicts with these Terms regarding your licence, the Standard EULA prevails for the App Store version.

1. Acknowledgement. These Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Game and its content. Where these Terms set usage rules that are less restrictive than the Usage Rules in the Apple Media Services Terms and Conditions, Apple's Usage Rules prevail.
2. Scope of licence. Your licence is a non-transferable licence to use the Game on any Apple-branded products that you own or control, as permitted by the Usage Rules, except that the Game may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where available.
3. Maintenance and support. We are solely responsible for providing maintenance and support for the Game, as described on our Support page. Apple has no obligation whatsoever to provide any maintenance or support services for the Game.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the Game to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Game or your possession and use of it, including (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property rights. In the event of any third-party claim that the Game or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. 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.
8. Developer name and address. Questions, complaints or claims about the Game can be sent to The Spiritual Seek - Personality Tests (developer: Luke Garrison), via Roma, Milano, Italy, using the contact form on our Support page or by e-mail at lukegarrison.dev@gmail.com.
9. Third-party terms. You must comply with applicable third-party terms when using the Game, for example your mobile data service agreement.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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.

16. Additional terms: Google Play version

If you downloaded the Game from Google Play, your download and purchases are also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Game or its content. Purchases are processed by Google Play, and refunds follow Google Play's policies (see section 4). The unlock is linked to the Google account used to buy it.

17. Additional terms: desktop edition

• Purchase. The full desktop edition is a one-time purchase (US$7.99 base price) sold and delivered by itch.io under the itch.io Terms of Service. itch.io processes the payment, taxes, your receipt and your download link, and handles refund requests for it. It is separate from the in-app purchase of the iOS and Android versions, which it does not unlock, and vice versa.
• The file. The desktop edition is delivered as a single file that you play in your own web browser. The licence in section 2 applies to it: you may keep copies for your own use on computers you own or control, but you may not share, upload or redistribute the file.
• The free demo (levels 1–4) can be played on this website at no cost, and wherever else it is published, for example on itch.io.
• Requirements. A computer with a modern web browser that supports WebGL 2 (for example Chrome or Edge 90 or later, Safari 15 or later, or a current version of Firefox), with hardware graphics acceleration turned on. Play the free demo to check that the Game runs well on your computer before you buy.
• Saved progress is kept by your browser on your computer. Clearing your browser's data for the Game erases it; the Game's Back up progress function lets you keep a copy.

18. Contact

Seller & publisher

The Spiritual Seek - Personality Tests

Developer

Luke Garrison

Address

via Roma, Milano, Italy

Contact

Use the contact form on our Support page or by e-mail at lukegarrison.dev@gmail.com