DRAFT, not published. Written 2026-09-28 from the DadGainz terms, adapted to a game: the fitness, medical and AI sections are gone; virtual items, Hex Plus, fair play and display names are new. Needs Mike's review (and ideally a lawyer's) before it goes live. [TBD: …] marks decisions still open.

Terms of Service

App: Hex: Color Puzzle ("Hex," the "App")
Developer: The Yard Apps LLC, a Texas limited liability company
Contact: support@theyardapps.com
Effective Date: [TBD: date of publication]

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and The Yard Apps LLC ("The Yard Apps," "we," "us," "our") for your use of Hex, including the mobile apps, the web version and our related online services. By installing, opening or using Hex, you agree to these Terms and to our Privacy Policy. If you do not agree, including the arbitration agreement and class action waiver in Section 12, do not use Hex.

These Terms include a binding arbitration agreement and a class action waiver that affect your legal rights. Please read Section 12 carefully.

2. Eligibility

You must be at least 13 years old to use Hex. If you are under 18 (or the age of majority where you live), you may use Hex only with the permission of a parent or legal guardian, who agrees to these Terms for you and is responsible for your use, including purchases.

3. Your License to Play

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use Hex for your own non-commercial entertainment, under these Terms and the rules of the app store you got it from. You agree not to:

• Copy, modify, reverse engineer, decompile or try to extract the source code of Hex, except where the law allows it
• Use cheats, bots, automation, modified clients or exploits, or interfere with scores, leaderboards, the economy or our servers
• Sell, trade or transfer accounts, Hex Coins, boosters or other virtual items, or offer to do so
• Use Hex for anything unlawful, harassing or harmful, or to impersonate anyone
• Get around ad limits, purchase checks, rate limits or security measures

4. Accounts and Online Features

You can play Hex without an account. Online features (cloud save, leaderboards, friends) create a player account for you [when online play launches]. You are responsible for your device and anything done through your account. We may suspend or end online access for anyone who breaks these Terms. Our Privacy Policy explains what online features collect.

5. Display Names and Friends

If you choose a display name or initials, they must not be offensive, hateful, sexual, impersonating, or infringe anyone's rights. We may change or remove any name, and remove friends or leaderboard entries, at our discretion.

6. Fair Play and Leaderboards

Leaderboard scores are checked by replaying the moves of each run. We may remove any score we believe was not earned fairly, and reset or ban accounts that cheat. Leaderboards, rankings and friend features may change or be reset at any time.

7. Virtual Items (Hex Coins, Boosters, Cosmetics)

Hex includes virtual items such as Hex Coins, boosters (Fix, Reveal, +3) and cosmetic items (such as tile styles). You can earn them by playing or buy some of them with real money.

• They are a license, not property. Virtual items have no cash value, cannot be exchanged for real money or anything outside the game, and are not personal property. You receive a limited license to use them in Hex.
• All sales are final, except where required by law or by the app store's refund policy. Refunds are handled by Apple or Google.
• They may change. We may change prices, amounts, effects or availability of virtual items, or retire them, as we develop the game.
• They can be lost. Unless you use cloud save, virtual items live on your device and are lost if you delete the app, reset progress or lose the device. We are not required to restore them.
• If we stop offering Hex or your account is ended for breaking these Terms, unused virtual items are lost, except where the law says otherwise.

8. Subscriptions (Hex Plus) and Remove Ads

Hex Plus is an optional subscription that removes ads and gives in-game perks described in the App. Remove ads is a one-time purchase that removes the ads shown between levels (optional reward ads remain).

• Billing. Payments are charged to your Apple App Store or Google Play account at confirmation of purchase. Current prices are shown in the App.
• Auto-renewal. Hex Plus renews automatically at the end of each period (monthly or yearly) unless you cancel at least 24 hours before the period ends. The renewal is charged at the then-current price of your plan.
• Managing and cancelling. Manage or cancel in your App Store or Google Play account settings. Cancelling stops renewal; you keep Plus until the end of the paid period.
• Perks. Plus perks (for example, a daily booster and exclusive tile styles) are available only while your subscription is active.
• Refunds. Handled by Apple or Google under their policies.
• Price changes. We may change prices with notice as required by the app stores; changes do not affect a period you have already paid for.

9. Ads

Hex shows ads, including optional reward ads you choose to watch. Ads are provided by third parties, and we are not responsible for their content or for products they advertise. Our Privacy Policy explains ad data and your choices.

10. Intellectual Property

Hex, including its code, design, levels, graphics, sounds, music, the Hex name and logo, and The Yard Apps name and logo, belongs to The Yard Apps or its licensors and is protected by law. These Terms do not give you any rights to them beyond the license in Section 3. If you send us feedback or ideas, we may use them without owing you anything.

11. Disclaimers and Limitation of Liability

HEX IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT HEX OR OUR ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT PROGRESS, SCORES OR VIRTUAL ITEMS WILL NEVER BE LOST.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE YARD APPS AND ITS MEMBERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE HEX. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some places do not allow some of these limits; there, they apply to the fullest extent the law allows.

You agree to indemnify and hold harmless The Yard Apps from claims arising from your breach of these Terms or misuse of Hex.

12. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

a. Agreement to arbitrate. Except for claims for injunctive relief about intellectual property, and small claims below, all disputes arising out of or related to these Terms or Hex ("Disputes") will be resolved by final, binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

b. Notice first. Before starting arbitration, send a written description of the Dispute and the relief you want to support@theyardapps.com. We have 60 days to try to resolve it in good faith.

c. Class action waiver. You and The Yard Apps may bring claims against each other only individually, not as a plaintiff or class member in any class, consolidated or representative action.

d. Jury trial waiver. You and The Yard Apps waive any right to a jury trial.

e. Small claims. Either party may bring an individual claim in small claims court if it qualifies.

f. 30-day opt-out. You can opt out of this arbitration agreement by emailing support@theyardapps.com within 30 days of first agreeing to these Terms, with your name and your intent to opt out.

13. Governing Law, Venue and Severability

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws rules. Except for Disputes that go to arbitration under Section 12, any lawsuit will be brought only in the state or federal courts in Bell County, Texas. If any part of these Terms is unenforceable, it will be changed only as much as needed to make it enforceable, and the rest stays in effect.

14. Apple App Store Terms

If you got Hex from the Apple App Store: these Terms are between you and The Yard Apps, not Apple; Apple is not responsible for Hex or its content, has no obligation to provide maintenance or support, and is not responsible for any product claims, third-party intellectual property claims or legal compliance claims about Hex. If Hex fails to conform to any applicable warranty, you may notify Apple for a refund of its purchase price (if any), and Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

15. Changes and Ending

We may update these Terms. For material changes, we will give notice in the App or at [TBD: https://hex.theyardapps.com/terms] and update the effective date. Continuing to play after changes take effect means you accept them. You can stop using Hex at any time. We may change, suspend or stop offering Hex or any feature.

16. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and The Yard Apps about Hex. Not enforcing a provision is not a waiver. You may not assign these Terms; we may. Nothing here creates a partnership, joint venture, agency or employment relationship.

Contact Us

Email: support@theyardapps.com
Developer: The Yard Apps LLC

Effective Date: [TBD]