Terms of Service

1The agreement#

These Terms of Service ("Terms") are an agreement between you and Rune Art ltd., a Canadian corporation based in Alberta ("Rune Art", "we", "us"). We make Perthro, which includes the Perthro iPhone and iPad app, its widgets, the perthro.io website, and our emails and notifications (together, the "Service").

When you create an account or use the Service, you accept these Terms and the documents they include:

• our Community Guidelines, which set the rules for what you post;
• our Subscription Terms, if you buy a paid plan; and
• our Privacy Policy, which explains how we handle your personal information. The Privacy Policy is a notice, not a contract, but you should read it.

If you don't accept these Terms, don't use the Service. If there's a conflict, the Subscription Terms apply to paid plans, and these Terms apply to everything else.

2Who can use Perthro#

You must be at least 16 years old to use Perthro, wherever you live. When you sign up, we ask for your date of birth. If it shows you're under 16, the account can't be used and is blocked from being created again. If we learn that someone under 16 has an account, we close it.

Members aged 16 and 17 can use Perthro, but mature content is hidden from them (see section 5 of the Community Guidelines). If you're under the age of majority where you live, you confirm that a parent or guardian has agreed to these Terms on your behalf.

You also can't use Perthro if we have previously banned you, or if the law prohibits you from using it.

3Your account#

• Signing in. You can sign in with Apple, with an email and password, or with Discord or Twitch. When you sign in through another company, that company's terms also apply to how you sign in.
• Accurate information. Give a real date of birth and a working email address, and keep them up to date. A made-up date of birth breaks these Terms. The date of birth can't be changed in the app; email support@perthro.io if you entered it wrongly.
• Usernames. A username is 4 to 32 letters, numbers or underscores, and must follow the Community Guidelines. Usernames aren't property: we may reclaim one that is misleading, infringes someone's rights, or breaks these Terms. When an account is deleted, its username can become available to someone else.
• Security. Keep your sign-in details to yourself. You're responsible for what happens on your account. If you think someone else has used it, change your password and email support@perthro.io straight away.
• One person, one account. Accounts are personal. Don't share, sell or transfer yours, and don't use extra accounts to manipulate the Service or get around enforcement.

4Your licence to use Perthro#

As long as you follow these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use Perthro for your own non-commercial purposes. On iPhone and iPad, this licence covers Apple devices that you own or control, as permitted by Apple's rules (see section 20).

You may not:

• copy, modify, sell or redistribute the app or any part of the Service;
• reverse-engineer, decompile or try to extract its source code, except where the law allows this and it can't be excluded by contract;
• access the Service with bots, scrapers or other automated tools, or collect other members' information or content, including to train AI or machine-learning models;
• get around, test or break our security, rate limits, age checks or paywalls; or
• interfere with how the Service runs, or put an unreasonable load on it.

5Your content#

"Your Content" is anything you create or upload: logs, ratings, reviews, comments, lists, profile details, images and animated avatars.

You own Your Content. To run Perthro, we need your permission to use it. So you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt (for example, resizing images or fitting text on a share card) and distribute Your Content, and to let others do the same, only to operate, improve and promote Perthro. This includes showing it to other people according to your visibility settings, and in share cards you create.

This licence ends when you delete the content or your account, except for:

• reasonable backup copies, until they're deleted on our normal schedule (see the Privacy Policy);
• content we must keep for legal reasons, or to deal with a report or dispute; and
• anonymised statistics that don't identify you.

Your Content may be protected by moral rights, such as the right to be credited or to object to changes. You keep those rights, but you agree not to assert them against the uses this licence allows, such as resizing an image, showing an excerpt on a share card, or blurring a review behind a spoiler or mature tag. You don't waive them for any other use.

You're responsible for Your Content. You confirm that you have the rights to post it, that it follows the Community Guidelines, and that it doesn't break the law or anyone else's rights. We don't endorse what members post, and it reflects the views of the person who posted it, not ours.

We do not sell Your Content, and we don't use it to train AI models or give it to anyone for that purpose.

6Community standards and moderation#

There is no tolerance for objectionable or abusive content or behaviour on Perthro. The Community Guidelines set out what's allowed and are part of these Terms.

• Reporting. Anyone can report content, including people without a Perthro account. Members can report any review, comment or profile from its … menu; anyone can email support@perthro.io. A person on our team reviews every report, and we act on objectionable content within 24 hours of a report. If you report by email, we confirm we've received it and tell you what we decided.
• Your controls. You can block, mute and hide people, games and posts at any time (see the Community Guidelines).
• What we can do. We may remove or tag content, reset profile details, limit how widely content is shown, and restrict, suspend or ban accounts that break these Terms or the Community Guidelines. We may act without notice where there's a risk of harm or the law requires it.
• Telling you why. If we act against your content or account, we'll tell you what we did, which rule or law it was based on, the facts behind it, whether automated tools were involved, and how to appeal. The only exceptions are where telling you would be unlawful, would put someone at risk, or where the content is spam.
• Automated signals. We don't review everything before it's posted and we aren't obliged to. We use automated signals to help decide what to look at. For example, reviews that receive several reports from established accounts are shown less prominently in feeds while we review them. Every decision to remove content or restrict an account is made by a person.
• Protecting younger members. Members aged 16 and 17 never see reviews marked Mature or adults-only games, and they never see personalised ads. We rely on the date of birth people give us, so giving a false one breaks these Terms.
• Appeals and complaints. You can appeal any decision about your content or account, and complain about how we handle reports or keep Perthro safe, as described in the Community Guidelines.

7Game information and third-party services#

• Game data. Game details, cover art and release dates come mostly from IGDB, which belongs to Twitch. Game names, artwork and trademarks belong to their owners.
• Prices and deals. Prices, discounts and deal alerts come from third-party sources. They can be wrong or out of date, so always check the store before you buy. We aren't responsible for a store's prices, products or sales.
• Connected accounts. When you connect Steam, Xbox or PlayStation, you authorise us to read your game library, playtime and achievements or trophies from that platform. Your use of those platforms is covered by their own terms. Perthro isn't affiliated with or endorsed by Valve, Microsoft, Sony, Nintendo, Apple or any game publisher. Platforms can change or remove access at any time. The PlayStation connection uses methods Sony hasn't formally approved, so it may stop working without notice.
• Links and other services. Perthro links to stores, websites and services we don't control, such as Discord. We aren't responsible for them.

8Ads#

The free version of Perthro shows ads in places such as the Feed, Search, profiles and game pages. They're labelled as ads and served by Google AdMob. We don't choose or endorse the individual ads, and anything you buy from an advertiser is between you and them. How ads use your data, including the choices you have, is explained in the Privacy Policy. Pro, Hero and Founder members don't see ads.

9Paid plans#

Perthro is free to use. Pro, Hero and the Founder purchase are optional, are bought and billed through the Apple App Store, and are covered by our Subscription Terms. In short: subscriptions renew automatically until you cancel them with Apple, refunds are handled by Apple, and deleting your Perthro account doesn't cancel a subscription.

10Ideas and feedback#

We love hearing ideas. If you send us feedback or suggestions, we can use them without owing you anything. That doesn't give us any rights in Your Content.

11Our intellectual property#

The Service, including the app, design, code, logos and the Perthro name, belongs to Rune Art and its licensors, and is protected by law. These Terms don't give you any rights to our name, logos or trademarks. You're welcome to link to perthro.io and to share share cards made in the app.

12Copyright complaints#

If you believe something on Perthro infringes your copyright, send a notice to the contacts below, with the subject "Copyright notice". Include:

1. your name, postal address and email address, and your physical or electronic signature;
2. the work you say is being infringed, and your interest in it (for example, that you're the owner or act for the owner);
3. where the material is on Perthro (a link, or a screenshot and the username), in enough detail for us to find it;
4. why you believe it infringes your copyright, and the date and time of the infringement you're claiming;
5. a statement that you believe in good faith that the use isn't authorised by the owner, its agent or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner or are authorised to act for the owner.

Where to send it: email contact@rune.art. For notices under the US Digital Millennium Copyright Act, our designated agent is Rune Art ltd., attention: Copyright Agent, 330 5 Ave SW, Suite 1800, Calgary, Alberta T2P 0L4, Canada, contact@rune.art.

Canada. Under Canada's Copyright Act, we forward valid notices to the member concerned, tell you that we have, and keep the records the Act requires. We don't forward notices that include settlement offers or demands for payment. Canadian law doesn't require us to remove material when we receive a notice, but we may remove it under these Terms.

US and elsewhere. We may remove or disable access to the material and tell the member who posted it. If your content was removed and you believe that was a mistake, you can send a counter-notice to the same contacts, including your name, address and signature, what was removed and where it was, a statement under penalty of perjury that you believe it was removed by mistake, and your consent to the jurisdiction of the courts where you live (or, if you live outside the US, of any US court where we can be found). Unless the person who sent the original notice tells us they have started court proceedings, we may restore the material 10 to 14 business days after we receive a valid counter-notice.

We close the accounts of repeat infringers. Knowingly false notices or counter-notices can make you liable for damages.

13Leaving, suspension and termination#

• You can leave at any time. Download a copy of your data if you want one, then delete your account in the app (Settings → Account & profile → Delete account) or as described on our delete account page. Deleting in the app happens immediately and can't be undone. Remember to cancel any subscription with Apple first.
• We may suspend or end your access if you seriously or repeatedly break these Terms, if we need to in order to protect other people or the Service, or if the law requires it. Where it's reasonable and safe, we'll tell you why in advance and give you a chance to fix the problem or download your data.
• Paid plans after a ban. If we suspend or close your account for breaking these Terms, your paid plan isn't cancelled automatically, because Apple manages it. Cancel it in your Apple ID settings. Refunds are decided by Apple.
• If we close Perthro, we'll give at least 30 days' notice and let you download your data first (see section 12 of the Subscription Terms).

Sections 5 (for the exceptions listed there), 10, 11, 15, 16, 17, 19 and 21 continue after your account ends.

14Changes to the Service#

Perthro is always evolving. We may add, change or remove features, and some features may be labelled as beta or experimental and may not work perfectly. We'll give reasonable notice before removing an important feature, unless we have to act quickly for security or legal reasons. For paid features, see section 13 of the Subscription Terms.

15Disclaimers#

This section doesn't apply to consumers in Quebec to the extent the Consumer Protection Act prohibits it, or to consumers anywhere else whose law doesn't allow it.

We work hard to keep Perthro reliable, but it is provided "as is" and "as available". As far as the law allows, we don't guarantee that the Service will always be available, error-free or secure, that information in it (including game data, prices and synced platform data) is accurate or complete, or that it will meet your needs. Keep your own copy of anything important: you can export your data at any time.

Nothing in these Terms removes guarantees or warranties that the law gives you as a consumer and doesn't allow us to exclude, including under Quebec's Consumer Protection Act.

16Limitation of liability#

This section doesn't apply to consumers in Quebec to the extent the Consumer Protection Act prohibits it, or to consumers anywhere else whose law doesn't allow it.

As far as the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive losses, or for lost profits, data or goodwill, arising from your use of the Service or your inability to use it; and
• our total liability to you for all claims about the Service is limited to the greater of the amount you paid us in the 12 months before the claim and CAD $100.

These limits don't apply to liability that can't be limited by law, such as for fraud, gross negligence, intentional wrongdoing, death or personal injury, and they don't reduce your statutory rights as a consumer.

17Indemnity#

This section doesn't apply to consumers in Quebec to the extent the Consumer Protection Act prohibits it, or to consumers anywhere else whose law doesn't allow it.

If you use Perthro for business purposes, or where the law otherwise allows it, you agree to cover our reasonable losses and costs from claims by others that arise from Your Content or from your breaking these Terms or the law. This section doesn't apply to consumers where local law doesn't permit it.

18Changes to these Terms#

We may need to update these Terms, for example when we add or change features, change how the Community Guidelines work, or when the law changes. Here's how we do it:

• Notice. For any change that affects your rights or obligations, we'll email you at least 30 days before it takes effect. The email will set out the new wording (and the old wording it replaces) and the date it takes effect. We'll also show a notice in the app.
• Your choice. If you don't want to accept a change, you can stop using Perthro and delete your account at no cost before it takes effect, or, if the change increases your obligations or reduces ours, within 30 days after it takes effect.
• Minor changes, such as fixing typos or making wording clearer without changing its meaning, can take effect when we publish them.
• Urgent changes. If the law or a security issue requires a change sooner, we'll give as much notice as we can.

The date at the top of this page shows the latest version. If you keep using Perthro after a change takes effect, the new Terms apply to you.

19Disputes and governing law#

Talk to us first. Most problems can be sorted out quickly, so please email contact@rune.art before starting any legal claim, and give us 30 days to try to resolve it.

These Terms are governed by the laws of Alberta and the federal laws of Canada that apply there. Any dispute will be decided by the courts of Alberta, sitting in Calgary, and both of us agree to their jurisdiction. The UN Convention on Contracts for the International Sale of Goods doesn't apply.

If you're a consumer, you keep the protection of the mandatory consumer laws of the place where you live, and you can bring a claim in your local courts where that law allows. In particular, Quebec residents keep all their rights under the Consumer Protection Act and the Civil Code of Québec, and consumers in the EU, the EEA and the UK can bring claims in the courts of the country where they live.

20Apple App Store terms#

If you downloaded Perthro from the App Store, these extra terms apply:

• These Terms are between you and Rune Art only, not Apple. Rune Art, not Apple, is responsible for Perthro and its content.
• Your licence to use the app is limited to Apple devices that you own or control, as permitted by the usage rules in Apple's Media Services Terms and Conditions (Family Sharing isn't available for paid plans).
• Apple has no obligation to provide maintenance or support for Perthro. Support comes from us at support@perthro.io.
• If Perthro fails to meet any warranty that applies, you can tell Apple, and Apple will refund the purchase price of the app, if any. As far as the law allows, Apple has no other warranty obligation for Perthro.
• Rune Art, not Apple, is responsible for dealing with any claims about Perthro, including product-liability claims, claims that it doesn't meet legal or regulatory requirements, and claims under consumer-protection, privacy or similar laws.
• If someone claims that Perthro, or your use of it, infringes their intellectual property, Rune Art, not Apple, is responsible for investigating, defending, settling and resolving that claim.
• You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when you use Perthro, such as the terms of your mobile network or of a platform account you connect.
• Questions, complaints or claims about Perthro go to Rune Art ltd. at the address and email in section 22.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.

21General#

• Entire agreement. These Terms, with the documents listed in section 1, are the whole agreement between you and us about the Service.
• Severability. If a court finds part of these Terms unenforceable, the rest still applies.
• No waiver. If we don't enforce something straight away, we can still enforce it later.
• Assignment. You can't transfer these Terms to anyone else. We may transfer them as part of a merger, acquisition or sale of our business, and your rights under them continue.
• Events beyond our control. We aren't responsible for delays or failures caused by events we can't reasonably control, such as outages at our service providers.
• Notices. We'll contact you in the app or at the email address on your account. You can contact us at contact@rune.art.
• Language. These Terms, the Subscription Terms, the Community Guidelines and the Privacy Policy are published in English and in French (version française). If you live in Quebec, the French version is presented to you first, and the English version applies to you only if you expressly choose it. Elsewhere, if the two versions differ, the English version applies, unless the law where you live says otherwise.

22Contact#

Rune Art ltd., 330 5 Ave SW, Suite 1800, Calgary, Alberta T2P 0L4, Canada.

• Help with the app, reports, appeals and complaints: support@perthro.io
• Legal notices and copyright complaints: contact@rune.art
• Privacy: our Privacy Officer, as described in the Privacy Policy
• Security issues: security@rune.art

We answer in English or French.

EU and UK. support@perthro.io is our point of contact for users and for authorities under the EU Digital Services Act. We are appointing legal representatives in the EU and the UK and will name them here. Until then, contact us directly using the details above.