Terms of Service

1. Eligibility

You must be at least 13 years old to use the App or Website. If the law where you live requires you to be older to consent to these Terms, you must meet that age requirement. If you are under the age of legal majority where you live, your parent or legal guardian must review and agree to these Terms on your behalf.

You may not use the App or Website if applicable law prohibits you from doing so.

2. The Snail

The Snail is a location-based entertainment game in which an imaginary snail advances toward the player's location. The App may use real-world location, step counts, elapsed time, and other device information to calculate progress.

Daily Steps mode rewards qualifying steps toward a daily goal. Features, balance, goals, timers, rewards, availability, and game rules may change as the App evolves.

The App is entertainment only. It is not a medical device, fitness program, navigation service, emergency service, or source of health or safety advice. Step counts, locations, distances, timers, and other information may be delayed, incomplete, or inaccurate because of device limitations, permission settings, operating-system behavior, sensor errors, loss of connectivity, or other causes.

3. Safety

Always remain aware of your surroundings and obey traffic laws, property restrictions, posted warnings, and applicable laws. Do not trespass, enter unsafe areas, use the App while driving, or take physical risks to reach a map location, earn progress, or avoid the snail.

You are responsible for deciding whether an activity is safe and appropriate for your health, abilities, environment, and circumstances. Stop using the App if doing so would distract you or create a risk. Seek professional medical advice before beginning physical activity if appropriate for you.

No game result, streak, character, unlock, or purchase is worth risking injury, property damage, or unlawful conduct.

4. Device Permissions and Game Operation

Some features require permissions or services such as foreground location, motion and fitness data, Apple Health data, notifications, or network access. You may decline or revoke permissions, but related features or game modes may not function.

Daily Steps progress may depend on delayed or corrected step reports from Apple Health or your device.

You accept that game outcomes may be affected by technical conditions outside our control. We are not obligated to restore a streak, reward, character state, or other progress affected by inaccurate data, unavailable permissions, device failure, deletion, reinstallation, software updates, or service interruption.

5. License

Subject to these Terms, Third State grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on devices you own or control for personal, non-commercial entertainment.

The App is licensed, not sold. Third State and its licensors retain all rights not expressly granted in these Terms.

6. Acceptable Use

You agree not to:

• violate any law or another person's rights;
• use the App in a manner that is dangerous, deceptive, abusive, or disruptive;
• trespass or enter restricted or unsafe property in connection with the App;
• copy, modify, distribute, sell, lease, sublicense, or commercially exploit the App or Website except as permitted by law;
• reverse engineer, decompile, or attempt to derive source code except where applicable law expressly permits it;
• bypass, disable, or interfere with security, purchase verification, access controls, game rules, or technical limitations;
• use cheats, automation, spoofed locations, fabricated step data, modified clients, or other unauthorized methods to manipulate gameplay, unlocks, purchases, or services;
• introduce malware, overload infrastructure, scrape services, or interfere with another person's use;
• impersonate another person or misrepresent your affiliation with anyone; or
• use names, messages, or other content in the App in a way that is unlawful, infringing, threatening, hateful, or otherwise harmful.

We may restrict or terminate access when we reasonably believe these Terms have been violated.

7. Premium Subscription

Plans and pricing

The Snail Premium is available on two automatically renewing subscription plans:

• Monthly: $2.99 per month (or the localized price displayed at purchase), auto-renewing monthly. No free trial.
• Annual: $19.99 per year (or the localized price displayed at purchase), auto-renewing annually. Eligible new subscribers receive a 14-day free trial.

Prices may vary by country, app storefront, currency, applicable taxes, and Apple or Google pricing adjustments. The exact price and renewal terms applicable to your account are always shown before you confirm a purchase.

Free trial (annual plan only)

If you are offered and start the 14-day free trial on the annual plan, you will not be charged during the trial period. To avoid a charge, you must cancel before the trial ends. If you do not cancel before the trial ends, the subscription automatically activates and payment is charged for the first annual period. Eligibility is determined by the applicable app store and is generally limited to customers who have not previously redeemed an introductory offer for the same subscription group.

Automatic renewal and billing

Both plans renew automatically at the end of each billing period unless you cancel. Payment is charged to your Apple ID or Google Play account at the start of each period (or, for the annual plan, when the trial ends). Renewal charges occur at the then-current price displayed in the applicable store.

We may change subscription pricing. Any price change will be presented or communicated by the applicable app store as required before taking effect.

Cancellation

You can cancel or manage your subscription at any time through your Apple App Store or Google Play account settings. To avoid renewal, cancel at least 24 hours before the end of the current billing or trial period. Cancellation takes effect at the end of the paid period already charged; you retain Premium access until then. Deleting the App does not cancel the subscription.

Restoration

If Premium is not recognized after reinstalling or changing devices, you can restore your purchase from within the App at Settings → Premium using the original app-store account.

Platform terms and refunds

Purchases and restorations are processed by Apple or Google, as applicable, with RevenueCat assisting in entitlement management. Their terms also apply. We do not receive your full payment-card information and do not control payment authorization, family sharing, store availability, or app-store account access.

Except where required by law, refunds are governed and issued by the store through which you purchased. Contact Apple or Google to request a refund. Nothing in these Terms limits mandatory consumer rights that cannot legally be waived.

Premium features

An active Premium subscription unlocks custom daily step goals and premium themes. If your subscription lapses or is cancelled, the App returns to the available free daily goal options and free themes. Secret characters and other gameplay unlocks may remain subject to their own conditions and are not necessarily included with Premium.

8. Third-Party Services

The App may depend on or link to third-party services, including app stores, operating-system services, Apple HealthKit, Google services, maps, RevenueCat, Reddit, and Website hosting providers.

Third-party services are governed by their own terms and policies. We do not control and are not responsible for third-party content, availability, transactions, or practices. Your use of those services is at your own risk and may require separate agreement with the provider.

9. Privacy

Our Privacy Policy explains how information is processed when you use the App or Website and is incorporated into these Terms by reference. It is available at: https://thirdstate.dev/the-snail/privacy-policy.

10. Ownership and Intellectual Property

The App, Website, characters, artwork, animation, text, lore, gameplay systems, software, branding, logos, and other materials provided by Third State are owned by or licensed to Third State and are protected by intellectual-property laws.

You may not use The Snail or Third State names, branding, characters, or assets in a way that suggests endorsement, creates confusion, or violates our rights. These Terms do not transfer ownership of any intellectual property to you.

If you send us feedback or suggestions, you grant Third State a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate that feedback without restriction or compensation. You are not required to submit feedback.

11. Updates, Changes, and Availability

We may update, balance, add, remove, suspend, or discontinue any part of the App or Website. This may include changing game mechanics, daily goals, timers, rewards, modes, characters, compatibility, premium features, or third-party integrations.

We do not guarantee that the App or Website will always be available, uninterrupted, secure, error-free, compatible with your device, or supported for any minimum period. Updates may be required to continue using the App.

If we permanently discontinue the App, rights associated with Premium remain subject to applicable consumer law and app-store rules.

12. Local Data and Loss of Progress

Most gameplay progress and settings are stored locally on your device. You are responsible for maintaining access to your device and app-store account. Deleting the App, clearing its storage, resetting progress, changing devices, device loss or failure, or software errors may permanently erase gameplay information.

Premium purchase status may be restorable through the original app-store account, but gameplay progress, Bobos, names, memorials, sigils, streaks, settings, and unlocks may not be recoverable. We do not guarantee cloud backup, cross-device synchronization, or restoration of local data.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIRD STATE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT LOCATION, STEP, HEALTH, DISTANCE, TIMER, MAP, NOTIFICATION, PURCHASE, OR GAMEPLAY INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, OR THAT USE WILL BE UNINTERRUPTED, SAFE, OR ERROR-FREE.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIRD STATE AND ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GAME PROGRESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THE APP, WEBSITE, OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP, WEBSITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THIRD STATE THROUGH THE APP DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$20.

These limitations do not exclude liability that cannot legally be limited, including liability where applicable law prohibits exclusion for fraud, willful misconduct, gross negligence, personal injury, or violation of mandatory consumer rights.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Third State and its owners, affiliates, licensors, service providers, and representatives from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful conduct, your violation of these Terms, your infringement of another person's rights, or your unsafe or unauthorized use of the App or Website.

This section does not apply where prohibited by applicable consumer law.

16. Termination

You may stop using the App or Website at any time. We may suspend or terminate your license or access if you materially violate these Terms, create risk or legal exposure, misuse services, or if we discontinue the App or Website.

Upon termination, your license ends and you must stop using the App. Sections that by their nature should survive termination will survive, including ownership, disclaimers, liability limitations, indemnification, and dispute provisions.

17. Governing Law and Disputes

These Terms are governed by applicable law, without regard to conflict-of-law principles. Any mandatory rights or protections available to you under the law where you reside remain unaffected.

Before filing a formal claim, you and Third State agree to make a good-faith effort to resolve the dispute informally. Send a description of the issue and requested resolution to thirdstate@pm.me. This requirement does not prevent either party from seeking urgent injunctive relief or using a small-claims process where available.

18. Apple-Specific Terms

If you obtained the App through Apple's App Store, you acknowledge that these Terms are between you and Third State, not Apple. Third State, not Apple, is solely responsible for the App and its content, maintenance, support, warranties, and claims relating to the App, subject to these Terms and applicable law.

Apple has no obligation to provide maintenance or support services for the App. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules and applicable law. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.

You represent that you are not located in a country subject to a United States government embargo or designated as supporting terrorism and are not listed on a United States government prohibited or restricted-party list.

You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you upon your acceptance.

19. Changes to These Terms

We may revise these Terms to reflect changes to the App, Website, business, providers, or law. We will post updated Terms at https://thirdstate.dev/the-snail/terms-of-service and update the effective date. If a change is material, we may also provide notice through the App or another appropriate method.

Your continued use after revised Terms take effect means you accept them, to the extent permitted by law. If you do not agree to revised Terms, stop using the App and Website.

20. General Terms

These Terms and the Privacy Policy constitute the entire agreement between you and Third State regarding the App and Website, except for any additional terms presented for a specific service.

If any provision is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, merger, acquisition, or transfer of the App or business.

Headings are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms may be sent to:

Third State
Email: thirdstate@pm.me
Website: https://thirdstate.dev