Legal

Terms of Use

Last updated: November 8, 2026

These Terms of Use ("Terms") are an agreement between you and David Handel ("we", "us", "our") covering the DinoSurge game, including any beta or TestFlight version (the "Game"), the website at dinosurge.app (the "Site"), and any related content or communications (together, the "Services"). By downloading, installing, accessing or using any of the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Who may use the Services

You must be old enough to agree to these Terms where you live, or have a parent or legal guardian agree to them for you. Parents and guardians are responsible for their children's use of the Services and for these Terms on their behalf.

2. Apple and your license to the Game

If you get the Game from Apple (including through TestFlight), your license to use it is governed by Apple's Licensed Application End User License Agreement (the "Apple EULA") together with these Terms. Where they conflict on your license to use the Game, the Apple EULA controls, except that these Terms' disclaimers, limitation of liability, indemnity and dispute provisions apply to the fullest extent permitted. These Terms are between you and us only, not Apple, and Apple is not responsible for the Game or its content. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Game for your own non-commercial entertainment. We may revoke it at any time.

3. Beta software

Beta and TestFlight versions are pre-release software provided for testing. They may contain bugs, crash, lose saved progress, drain battery, or stop working, and they may expire or be withdrawn at any time without notice. You use them entirely at your own risk. Back up anything important on your device before installing them.

4. Health and safety

A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including in video games, even with no history of epilepsy. If you or anyone in your family has such a condition, consult a doctor before playing. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation or any involuntary movement. Take regular breaks, play in a well-lit room, and stop if your hands, wrists, arms or eyes become tired or sore. You are responsible for playing safely and for your surroundings while you play.

5. Rules of use

You agree not to: copy, modify, distribute, sell, rent or sublicense the Game or the Site; reverse engineer, decompile or extract their code or assets except where the law expressly allows it despite this restriction; cheat, hack or interfere with the Services; use them for any unlawful purpose; or remove any copyright or other notices.

6. Ownership

The Services and everything in them, including the DinoSurge name and logos, artwork, characters, music, text and software, are owned by us or our licensors and protected by copyright, trademark and other laws. Except for the limited license above, no rights are granted to you. Dinosaurs in the Game are artistic interpretations for entertainment and are not presented as scientifically accurate. DinoSurge is not affiliated with or endorsed by any film, toy or game franchise.

7. Feedback

If you send us ideas, suggestions, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, change and share it for any purpose without payment, credit or obligation to you. Please do not send us anything you consider confidential.

8. Disclaimer of warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, including any warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, free of viruses or harmful components, or compatible with your device, or that any defects will be corrected, or that saved progress will be preserved.

9. Limitation of liability

To the fullest extent permitted by law, in no event will David Handel, or any of our heirs, affiliates, contractors, licensors or service providers, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, saved progress, goodwill, or use, or for device damage, personal injury or emotional distress, arising out of or relating to the Services or these Terms, whether based on contract, tort (including negligence), strict liability, product liability or any other theory, even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

To the fullest extent permitted by law, our total liability for all claims of any kind arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us for the Game in the 12 months before the claim arose, or (b) US$10.

These limits are an essential part of the bargain between you and us, and they apply even if the Services are provided free of charge. Some jurisdictions do not allow certain exclusions or limits, so some of them may not apply to you; in that case our liability is limited to the smallest amount the law permits. Nothing in these Terms limits liability that cannot be limited by law.

10. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless David Handel and our heirs, affiliates, contractors and licensors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the Services, your breach of these Terms, or your violation of any law or the rights of any third party.

11. Governing law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules, and by the U.S. Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Disputes: informal resolution, arbitration and class-action waiver

Talk to us first. Before filing any claim, you agree to email us a description of the dispute and give us 60 days to try to resolve it informally.

Binding individual arbitration. If we cannot resolve it, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property.

You and we each waive any right to a jury trial and to participate in a class action, class arbitration, or other representative proceeding. Claims may be brought only in an individual capacity.

Opting out. You may opt out of this arbitration agreement by emailing us at [email protected] within 30 days of first accepting these Terms, saying that you opt out. If the class-action waiver is found unenforceable for any claim, that claim must be brought in court and this section's arbitration requirement will not apply to it.

Courts. Any dispute not subject to arbitration will be brought only in the state courts located in Camden County, New Jersey, or the United States District Court for the District of New Jersey sitting in Camden, and you and we consent to their personal jurisdiction and venue.

Time limit. To the fullest extent permitted by law, any claim must be filed within one year after it arises, or it is permanently barred.

13. Changes and termination

We may change, suspend or discontinue any part of the Services at any time, with or without notice and without liability to you. We may update these Terms; the date at the top shows the latest version, and continuing to use the Services after an update means you accept it. We may end your license if you breach these Terms. Sections 3 to 15 survive any termination.

14. Third parties

The Services rely on third-party services such as Apple, Unity and Cloudflare, which have their own terms. We are not responsible for third-party services, content or websites, or for any acts or omissions of third parties.

15. General

These Terms, the Privacy Policy and, where it applies, the Apple EULA are the entire agreement between you and us about the Services. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in full force (severability). Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Headings are for convenience only. There are no third-party beneficiaries, except that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the Game and may enforce them.

16. Contact

David Handel · [email protected]