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Terms of Use

Last updated: February 2026

These Terms of Use ("Terms") govern your access to and use of the mobile apps and games developed by David Smith, operating under the name Nocturnal Vision, including Smash'em Up!, Carrots, QLoop, and SliceSum (collectively, the "Apps"). By downloading, installing, or using any App, you agree to these Terms.

1. Who We Are

The Apps are created and published by David Smith (Nocturnal Vision), based in Anchorage, Alaska, USA.

2. Eligibility & Family Use

  • Smash'em Up! is an arcade-style game intended for a general audience (target age rating 9+).
  • Carrots is designed for families. A parent or legal guardian must create and manage any account that includes information related to a child. Children should use the App only under the supervision of a parent or guardian.
  • QLoop is intended for a general audience.
  • SliceSum is a math puzzle game. Due to personalized advertising, SliceSum is not intended for children under 13.

3. Accounts & Security (Carrots)

  • Parent accounts: You represent that you are the parent/guardian when creating an account and that all information you provide (e.g., name, email) is accurate.
  • You are responsible for maintaining the confidentiality of your login and for all activity under your account.
  • Notify us promptly if you believe your account has been accessed without authorization.

4. Content & Intellectual Property

The Apps, including all artwork, code, audio, and other materials, are owned by David Smith or licensed to him and are protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Apps for personal, non-commercial purposes.

5. Acceptable Use

  • Do not attempt to reverse engineer, decompile, modify, or create derivative works from the Apps.
  • Do not use the Apps to violate any law or the rights of others.
  • Do not interfere with the normal operation of the Apps or any related services.

6. In-App Purchases & Paid Features

The Apps may offer optional in-app purchases (IAPs) or premium features. QLoop and SliceSum offer optional premium in-app purchases. All IAPs are processed by Apple (via your Apple ID) or Google (via Google Play) and are subject to the respective platform's payment terms. Purchases are final and non-refundable except as required by applicable law or the platform's policies.

7. Virtual Items (If Any)

Any virtual currency, items, or unlocks you obtain are licensed, not sold. They have no real-world monetary value, are non-transferable, and may be revoked, modified, or discontinued at any time.

8. Advertising

  • Smash'em Up! displays optional, non-personalized rewarded video ads served by Google AdMob.
  • SliceSum displays personalized banner and interstitial ads served by Google AdMob. Ads may be tailored based on your interests and browsing behavior. You can opt out of personalized ads through your device settings. SliceSum also offers an optional premium upgrade to remove all ads.
  • Carrots and QLoop do not display advertisements.

9. Third-Party Services

The Apps may rely on third-party services (e.g., authentication, hosting, analytics, crash reporting, advertising). Your use of those services may be subject to their own terms and policies.

10. User Content (Carrots)

If you submit or create content in Carrots (e.g., tasks, rewards, names), you grant David Smith a limited license to host, display, and process that content solely to operate and improve the App. You are responsible for the content you submit and represent you have the rights to provide it.

11. Feedback

If you send suggestions or feedback, you grant David Smith a perpetual, worldwide, royalty-free license to use them without obligation or compensation.

12. Termination

We may suspend or terminate access to any App if you violate these Terms or if we discontinue the App. You may stop using an App at any time. Sections that by their nature should survive termination will survive (e.g., IP, disclaimers, limitations, governing law).

13. Disclaimers

The Apps are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation.

14. Limitation of Liability

To the maximum extent permitted by law, David Smith shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or revenues, arising from or related to your use of the Apps. Our total liability for any claim shall not exceed the amount you paid (if any) for the App within the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless David Smith from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or misuse of the Apps.

16. Governing Law & Venue

These Terms are governed by the laws of the State of Alaska, without regard to conflict of law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Anchorage, Alaska, for any disputes that are not subject to informal resolution or small-claims proceedings.

17. Dispute Resolution

  • Informal resolution: Contact us first at support@nocturnal-vision.com so we can try to resolve issues quickly.
  • Small claims: Either party may bring an individual action in small-claims court in Anchorage, Alaska, if permitted.

18. Changes to the Apps and These Terms

We may update the Apps or these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, when appropriate, provide additional notice. Continued use after changes become effective constitutes acceptance.

19. Contact

Questions about these Terms?

David Smith
Developer of Nocturnal Vision apps
Anchorage, Alaska, USA
Email: support@nocturnal-vision.com
Website: https://nocturnal-vision.com