These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Pocket Elite LLC ("Pocket Elite," "we," "us," or "our"). They govern your access to and use of:
- SlapPocket, our entertainment iOS app available on the Apple App Store;
- Entrepreneur Operator, our iOS life-simulation / entrepreneurship game available on the Apple App Store;
- SoundMashify, our forthcoming iOS sound-collab app, including any pre-release, waitlist, or launch version;
- Log Walker, our forthcoming iOS arcade game, including any pre-release, waitlist, or launch version;
- any other mobile applications we publish under Pocket Elite LLC (together with the apps above, the "Apps"); and
- the website at https://pocketelite.store (the "Website"),
including related content, features, and support (collectively, the "Services").
By downloading, installing, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Licensed application end-user terms required by Apple may also apply. Where Apple's Licensed Application End User License Agreement (or the Apple Standard EULA) applies to an App, it governs in addition to these Terms. If there is a conflict with Apple-required terms regarding Apple's rights or your license to use an App obtained from the App Store, Apple's required terms control for that conflict. These Terms are intended to serve as our custom Terms of Use / EULA for App Store Connect where a functional link to terms is required (including for auto-renewable subscriptions).
1. Eligibility
You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Services. If you are under 18, you represent that you have your parent or legal guardian's permission. By using the Services, you represent that you meet these requirements and that you are not barred from using the Services under applicable law, including U.S. export and sanctions rules.
2. Description of Services
SlapPocket is an entertainment app. It detects a slap or similar movement using on-device motion sensors and plays sounds. Features are described in the App Store listing and in the App. SlapPocket is intended for fun. It is not a tool for harming people, property, or devices.
Entrepreneur Operator is a Pocket Elite iOS game available on the App Store. It is a life-simulation / entrepreneurship experience in which you build a career, businesses, and related in-game progress. Additional product-specific terms may appear in the App Store listing, in the App, or in an update to these Terms.
SoundMashify is a Pocket Elite iOS sound-collab app currently in development and coming soon to the App Store. You record or import audio, invite friends, and mash sounds together on device. Optional SoundMashify+ features may be sold as an Apple In-App Purchase, including an auto-renewable monthly subscription. When SoundMashify becomes available, these Terms apply to it. Additional product-specific terms may appear in the App Store listing, in the App, or in an update to these Terms.
Log Walker is a Pocket Elite iOS arcade game currently in development and coming soon to the App Store. Players flick across logs while avoiding hazards such as lava, unlock skins and power-ups, and may purchase virtual items. When Log Walker becomes available, these Terms apply to it. Additional product-specific terms may appear in the App Store listing, in the App, or in an update to these Terms.
We may modify, suspend, or discontinue any part of the Services at any time. We are not obligated to provide any particular feature, update, or release date for SoundMashify, Log Walker, or any other forthcoming product.
3. Safe Use of SlapPocket
SlapPocket responds to physical motion of your device. You agree to use it reasonably and at your own risk:
- Do not strike your device hard enough to damage it, yourself, or anyone else.
- Do not use SlapPocket while driving, operating machinery, or in any situation where sudden sound or movement would be unsafe.
- Be considerate of others. Loud or unexpected sounds can startle people and may be inappropriate in some settings.
- You are responsible for your device. Pocket Elite is not responsible for cracked screens, hardware damage, hearing discomfort, or similar harm resulting from misuse.
4. Fair Play (Entrepreneur Operator and Log Walker)
For our games, you agree not to cheat, exploit bugs, use unauthorized third-party tools, reverse engineer, or disrupt gameplay for yourself or others. We may reset, suspend, or remove progress, virtual items, or access obtained improperly or in violation of these Terms.
5. Account Registration
Some features, now or in the future, may require an account. If you create an account, you agree to:
- Provide accurate, current, and complete registration information.
- Maintain and promptly update your account information.
- Keep your login credentials confidential and secure.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for activity that occurs under your account.
We may suspend or terminate accounts that violate these Terms or contain inaccurate information. If an App offers accounts, you may delete your account in the App where that control is available (as required by Apple), or by contacting us as described in our Privacy Policy.
6. License and Restrictions
Subject to your compliance with these Terms, Pocket Elite LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use each App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, as permitted by the Apple Media Services Terms and Conditions and the Usage Rules in the Apple App Store Terms of Service.
You agree not to:
- Copy, modify, distribute, sell, or lease any part of the Services.
- Reverse engineer, decompile, or disassemble an App, except as permitted by applicable law.
- Use the Services for any unlawful purpose or in violation of any applicable law.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Attempt to gain unauthorized access to any portion of the Services or other users' accounts.
- Use automated systems (bots, scrapers, or similar) to access the Services without our written consent.
- Upload or transmit viruses, malware, or other harmful code.
- Harass, abuse, threaten, or harm other users or third parties.
- Impersonate any person or entity or misrepresent your affiliation.
- Circumvent any security or access controls within the Services.
7. User Content
If an App allows you to create, upload, or share content ("User Content"), you retain ownership of your User Content. By submitting User Content, you grant Pocket Elite LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute that User Content solely as needed to operate and improve the Services.
You represent that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or laws. We may remove User Content that violates these Terms. SlapPocket's core experience (playing sounds in response to motion) does not require you to upload User Content. Entrepreneur Operator and Log Walker primarily store gameplay progress on device and do not require uploading User Content for core play. SoundMashify lets you record, import, and share audio; you are responsible for the sounds you record, import, and share, and you must not share content you do not have the right to use.
8. In-App Purchases, Virtual Items, and Subscriptions
The Apps may offer in-app purchases, consumable or non-consumable virtual items, subscriptions, or other paid features. All purchases made through the Apple App Store are processed by Apple and subject to Apple's terms and the Apple Media Services Terms and Conditions.
- Payment: Apple handles payment. Pocket Elite LLC does not collect or store your payment card information.
- Virtual items: Coins, Embers, Willow Coins, skins, power-ups, boosts, and similar items are licensed virtual goods with no real-world cash value. Except where required by law or Apple's refund policies, purchases are final. We may modify, rebalance, or discontinue virtual items.
- Subscriptions: If you purchase an auto-renewing subscription (for example, Premium Pass in Entrepreneur Operator or SoundMashify+ in SoundMashify), payment is charged to your Apple ID at confirmation. The subscription automatically renews unless you cancel at least 24 hours before the end of the current period. Manage and cancel subscriptions in your Apple ID account settings (Settings > Apple ID > Subscriptions). Title, length, and price are shown in the App and App Store listing before you purchase.
- Refunds: Refund requests are handled by Apple under Apple's refund policies. Visit reportaproblem.apple.com or contact Apple Support.
- Price changes: We may change prices. Subscription price changes take effect at the next renewal after notice is provided, as required by Apple and applicable law.
- Legal links: Our Privacy Policy and these Terms of Use are available at pocketelite.store and are linked from the Apps and App Store Connect metadata as required by Apple.
9. Intellectual Property
The Services, including the Apps, Website, software, design, text, graphics, logos, icons, images, audio, video, sound packs, characters, and related intellectual property, are owned by Pocket Elite LLC or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license in Section 6, no rights are transferred to you.
"SlapPocket," "Entrepreneur Operator," "SoundMashify," "Log Walker," "Pocket Elite," and associated logos and product names are trademarks of Pocket Elite LLC. You may not use our trademarks without prior written consent.
10. Third-Party Services and Links
The Services may contain links to third-party websites or integrate third-party services, including Apple platform services and, if enabled, advertising or analytics providers. We are not responsible for third-party content, privacy practices, or terms. Your use of third-party services is at your own risk and subject to their terms.
11. Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect information for SlapPocket, Entrepreneur Operator, SoundMashify, Log Walker, and the Website. A publicly accessible Privacy Policy URL is provided in App Store Connect and within each App as required by Apple.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any content available through the Services. SLAPPOCKET IS FOR ENTERTAINMENT ONLY. WE DO NOT WARRANT THAT USE OF MOTION DETECTION OR SOUND PLAYBACK IS APPROPRIATE IN ANY PARTICULAR SETTING. ENTREPRENEUR OPERATOR AND LOG WALKER ARE GAMES FOR ENTERTAINMENT; IN-GAME BUSINESSES, ECONOMIES, AND CURRENCIES HAVE NO REAL-WORLD FINANCIAL VALUE. SOUNDMASHIFY IS A CREATIVE TOOL; YOU ARE SOLELY RESPONSIBLE FOR THE AUDIO YOU RECORD, IMPORT, AND SHARE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POCKET ELITE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING DEVICE DAMAGE OR PERSONAL INJURY RESULTING FROM MISUSE OF SLAPPOCKET.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US THROUGH THE RELEVANT APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow limitations on liability, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Pocket Elite LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms.
15. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Services ceases immediately.
You may stop using the Services at any time by deleting the relevant App from your device. If you have an account, you may request account deletion by contacting hello@pocketelite.store or through in-app settings, if available.
Sections that by their nature should survive termination (including Sections 7, 9, 12, 13, 14, and 16) will survive.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration, to the extent permitted by law.
If you are located outside the United States, mandatory consumer protection laws in your jurisdiction may provide you with additional rights that these Terms cannot override.
17. Apple-Specific Terms
The following applies to users who download an App from the Apple App Store (consistent with Apple's requirements for third-party apps):
- These Terms are between you and Pocket Elite LLC, not Apple Inc. ("Apple"). Pocket Elite LLC — not Apple — is solely responsible for the Apps and their content.
- Apple has no obligation to provide maintenance or support for the Apps. Pocket Elite LLC is responsible for providing maintenance and support to the extent required under these Terms or applicable law.
- In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Pocket Elite LLC's sole responsibility.
- Pocket Elite LLC — not Apple — is responsible for addressing any claims by you or a third party relating to an App or your possession and/or use of an App, including: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that an App or your possession and use of an App infringes that third party's intellectual property rights, Pocket Elite LLC — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the Apps (for example, your wireless data agreement).
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
18. Changes to These Terms
We may update these Terms from time to time, including when SoundMashify or Log Walker launches or when we add features. When we make material changes, we will update the "Last Updated" date and, where appropriate, provide notice through the relevant App or via email. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services. The current Terms are always available at https://pocketelite.store/terms.html.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pocket Elite LLC regarding the Services and supersede all prior agreements and understandings on that subject.
21. Contact Us
If you have questions about these Terms, please contact us:
- Pocket Elite LLC
- Email: hello@pocketelite.store
- Website: https://pocketelite.store
- Contact page: pocketelite.store/contact