Duelio — End User License Agreement

Please read this agreement before using Duelio. By downloading or using Duelio, you agree to it. If you do not agree, do not use Duelio.

1. Who this agreement is with

Duelio is published by METK LLC (“METK”, “we”, “us”), a limited liability company whose sole owner is Tarek Khalifa.

This agreement is between you and METK LLC only. It is not with Apple. Apple is not a party to it, and Apple is not responsible for Duelio or its contents. METK LLC, not Apple, is solely responsible for Duelio.

2. Your licence

We grant you a personal, non-transferable licence to use Duelio on any Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's App Store Terms of Service — except that Duelio may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where Apple permits that.

This licence does not sell you Duelio; we keep ownership of it. You may not copy, redistribute, rent, lease, lend, sell, reverse-engineer, decompile, or attempt to derive the source code of Duelio, except where law expressly permits it despite this term.

3. You must be 13 or older

Duelio is intended for people aged 13 and over. By using Duelio you confirm you are at least 13. Duelio contains live chat, drawing, and free text written by other players, and simulated gambling (see Section 4). It is not designed for younger children, and we do not knowingly collect personal information from children under 13 — see our privacy policy.

4. Play money, not real money

Duelio's card games — including Showdown and Perfect21 — simulate betting using play points that have no monetary value.

• You cannot buy play points, win real money or prizes, or cash anything out. Duelio does sell a few things — Pro, and packs of hints — but play points are not among them, and never have been. There is no way to turn money into play points, and no way to turn play points into money.
• Play points are not currency, not property, and not redeemable for anything. They exist only inside the game.
• We may reset, adjust, or remove play points at any time, and doing so takes nothing from you that has value.

Duelio is for entertainment only. Practice or success at simulated gambling does not imply future success at real gambling.

5. Rules of conduct — no tolerance for objectionable content or abusive users

Duelio lets you send chat messages, drawings, custom words, display names, invite captions, and other content to other players. There is no tolerance for objectionable content or abusive behaviour in Duelio.

You agree that you will not use Duelio to create, send, or display anything that:

• is unlawful, defamatory, obscene, pornographic, or sexually explicit;
• harasses, bullies, threatens, stalks, or intimidates another person;
• is hateful toward, or degrades, any person or group — including on the basis of race, ethnicity, national origin, religion, disability, age, sex, gender identity, or sexual orientation;
• depicts, promotes, or glorifies violence, self-harm, or cruelty;
• sexualises a minor in any way, or is otherwise harmful to children;
• impersonates another person, or misrepresents who you are;
• infringes anyone's intellectual property or privacy rights;
• contains spam, advertising, malware, or links intended to deceive; or
• promotes illegal activity, or real-money gambling.

Reporting. If another player sends or displays something objectionable, or behaves abusively, use Report Player by tapping their seat in a live ready room, or email contact@metkapps.com with what you saw and when. We aim to review reports and act on them within 24 hours.

What we may do. We may review reports, remove transient content or room state, remove a player from the current live room, or restrict access to live services where our available identifiers and systems allow it, at our discretion and without notice, where we believe this section has been broken.

What we cannot do, stated plainly. Duelio has no user accounts, and its anonymous player identity can reset after the app is deleted and reinstalled. We therefore cannot promise a durable, device-wide or permanent ban. Turn-based Duelio games travel inside your iMessage conversation and never reach our server, so we cannot see, remove, or moderate them. If someone sends you something objectionable that way, the tools that work are Apple's own: block the sender in Messages, report the iMessage to Apple, or delete the conversation.

6. The content you create, and the content you see

You keep ownership of what you create in Duelio — your drawings, your words, your name.

You grant us a limited licence to transmit, display, store, and relay that content only as far as running the game requires: sending it to the other players in your match, and briefly holding it so that a player who disconnects can rejoin. We do not use your content for anything else, and we do not sell it. Our privacy policy describes exactly what is sent and to whom.

Content from other players is theirs, not ours. We do not create it, review it before you see it, or endorse it. You may encounter something you find objectionable, and you use Duelio's live services understanding that.

7. Maintenance and support

METK LLC is solely responsible for providing any maintenance and support for Duelio. Apple has no obligation whatsoever to furnish any maintenance or support services for Duelio. For support, email contact@metkapps.com.

8. Warranty

METK LLC is solely responsible for any product warranties for Duelio, whether express or implied by law, to the extent they are not effectively disclaimed.

To the fullest extent permitted by law, Duelio is provided “as is” and “as available”, without warranty of any kind, and we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

In the event of any failure of Duelio to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for Duelio to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Duelio, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be METK LLC's sole responsibility.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

9. Product claims

METK LLC, not Apple, is responsible for addressing any claims by you or any third party relating to Duelio or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that Duelio 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 Duelio's use of the HealthKit and HomeKit frameworks — which Duelio does not use.

This agreement does not limit METK LLC's liability beyond what applicable law permits.

10. Intellectual property rights

In the event of any third-party claim that Duelio or your possession and use of it infringes that third party's intellectual property rights, METK LLC, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

Duelio ships third-party assets and data under licences that require attribution. Those attributions are in the app, under Settings → Credits, and they form part of what you agree to when you use Duelio.

11. Legal compliance

You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Third-party terms

You must comply with applicable third-party terms of agreement when using Duelio. In particular, Duelio runs inside Apple's Messages app and uses Apple Maps, so Apple's own terms apply to your use of those services alongside this agreement.

13. Apple is a third-party beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance of it, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of it.

14. Limitation of liability

To the fullest extent permitted by law, METK LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of your use of Duelio. Where liability cannot be excluded, our total liability to you is limited to the greater of the amount you paid for Duelio or US $50.

Nothing in this agreement excludes liability that cannot lawfully be excluded — including, for consumers in the UK and EU, your statutory rights, which this agreement does not affect.

15. Termination

This agreement applies until terminated. It ends automatically if you stop using Duelio and delete it. Where our available identifiers and systems allow it, we may restrict your current access to Duelio's live services if you break Section 5. On termination, Section 2's licence ends and you must stop using Duelio.

16. Governing law

This agreement is governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-laws rules.

If you are a consumer in the UK or EU, this does not deprive you of the protection of the mandatory consumer-law rules of the country you live in, and you may bring proceedings in your local courts.

17. Changes to this agreement

We may update this agreement. If we do, we will change the “Last updated” date and post the new version at the same address. If a change is material, we will say so in the app before it takes effect. Continuing to use Duelio after a change means you accept it.

18. Contact

Any questions, complaints, or claims about Duelio should be directed to:

METK LLC
3625 10th St N, Unit 708, Arlington, VA 22201, United States
contact@metkapps.com