TERMS OF SERVICE Terms of Use ("Agreement")

Last Updated: December 17, 2024

21 Questions are licensed to You (End-User) by LINEAR LAB LLC (Formerly SAN ENTERTAINMENT LLC), for use only under the terms of this License Agreement.

By downloading the Application from the Apple App Store, and any update there to (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. LINEAR LAB LLC, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. LINEAR LAB LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE TRADEMARK

The name “21 Questions” and its associated logos, marks, and design elements (the “Trademark”) are the exclusive property of LINEAR LAB LLC, a Wisconsin limited liability company (“Linear Lab”). The Trademark is the status of pending before the United States Patent and Trademark Office (“USPTO”), under Serial No. 98904632, filed in International Class 009 for downloadable mobile applications for playing games.

LINEAR LAB LLC asserts its exclusive rights to the Trademark in connection with all goods and services related to the field of downloadable mobile applications, including but not limited to mobile games, entertainment applications, and other interactive software products. The Trademark is protected by common law and statutory rights, and any unauthorized use, reproduction, or imitation of the Trademark is strictly prohibited and may constitute infringement of Linear Lab’s intellectual property rights.

Any use of the name “21 Questions,” or any variation thereof, in connection with goods or services that could cause confusion with Linear Lab’s application for the Trademark, or that could otherwise dilute the distinctiveness of the Trademark, is prohibited and may result in immediate legal action.

By accessing or using this application or any services provided by LINEAR LAB LLC, you acknowledge and agree that you shall not infringe or misappropriate the Trademark, and that you will respect the exclusive intellectual property rights of LINEAR LAB LLC at all times.

2. THE APPLICATION

21 Questions (hereinafter: Application) is a piece of software created to be a social card game. - and customized for Apple mobile devices. It is used for the entertainment of a group or sole individual.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3. SCOPE OF LICENSE

3.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

3.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

3.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with LINEAR LAB LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

3.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with LINEAR LAB LLC’s prior written consent).

3.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

3.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3.7 Licensor reserves the right to modify the terms and conditions of licensing.

3.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

4. TECHNICAL REQUIREMENTS

4.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

4.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

4.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

5. NO MAINTENANCE OR SUPPORT

5.1 LINEAR LAB LLC is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

5.2 LINEAR LAB LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

6. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

7. USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.



Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

8. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9. LIABILITY

9.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

9.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

10. WARRANTY

10.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

10.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of LINEAR LAB LLC’s sphere of influence that affect the executability of the Application.

10.3 You are required to inspect the Application immediately after installing it and notify LINEAR LAB LLC about issues discovered without delay by email provided in the Application. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ten (10) days after discovery.

10.4 If we confirm that the Application is defective, SAN ENTERTAINMENT LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

10.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

10.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

11. PRODUCT CLAIMS

LINEAR LAB LLC and the End-User acknowledge that SAN ENTERTAINMENT LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

12. LEGAL COMPLIANCE

You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

13. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

21 QUESTIONS – LINEAR LAB LLC

contact@21questions.app

14. TERMINATION

The license is valid until terminated by LINEAR LAB LLC or by You. Your rights under this license will terminate automatically and without notice from LINEAR LAB LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

LINEAR LAB LLC represents and warrants that LINEAR LAB LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

16. INTELLECTUAL PROPERTY RIGHTS

LINEAR LAB LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, LINEAR LAB LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

17. APPLICABLE LAW

This license agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules.

18. MISCELLANEOUS

18.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

18.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

19. SUBSCRIPTIONS

19.1 You can subscribe for this app to get access to premium features and unlimited content.

19.2. Subscription options are: 1-week with 3-day free trial or 1-month.

19.3 All prices are subject to change without notification. Please check the Google Play or Apple App Store for latest prices. We occasionally run promotion prices as incentives or limited time opportunities for qualifying purchases made during the promotional time period. Due to the time sensitive and promotional nature of these events, we are unable to offer price protection or retroactive discounts or refunds for previous purchases in the event of a price reduction or promotional offering.

19.4 Payment will be charged to iTunes or Play Store Account at confirmation of purchase.

19.5 Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

19.6 Account will be charged for renewal within 24-hours prior to the end of the current period at the cost of the chosen package.

19.7 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's iTunes or Play Store Account Settings after purchase.

19.8 No cancellation of the current subscription is allowed during the active subscription period.

19.9 You may cancel a subscription during its free trial period via the subscription setting through your iTunes or Play Store account. This must be done 24 hours before the end of the subscription period to avoid being charged. Please visit iTunes Support for more information.

19.10 You may turn off the auto-renewal of your subscription via your iTunes Account Settings. However, you are not able to cancel the current subscription during its active period.

19.11 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.