Terms of Service
1. Acceptance of Terms
Welcome to Bouki Ak Malis. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Partnox LLC ("Partnox," "we," "our," or "us"), governing your access to and use of the Bouki Ak Malis mobile application (the "App") and any related services, content, and features (collectively, the "Services").
By downloading, installing, accessing, or using the App, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you are under the age of 13 (or the applicable age of digital consent in your jurisdiction), you may only use the App with the involvement, supervision, and consent of a parent or legal guardian who agrees to these Terms on your behalf. By allowing a minor to use the App, the parent or guardian agrees to be bound by these Terms with respect to that minor's use.
These Terms incorporate our Privacy Policy, which is hereby incorporated by reference. Please review the Privacy Policy carefully.
2. License Grant
2.1 Limited License
Subject to your compliance with these Terms, Partnox LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on a mobile device that you own or control, solely for your personal, non-commercial entertainment purposes.
2.2 Restrictions
This license does not permit you to:
- Copy, modify, adapt, translate, or create derivative works based on the App or any portion thereof.
- Distribute, sell, lease, rent, lend, transfer, sublicense, or otherwise make the App available to third parties.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App.
- Remove, disable, circumvent, or otherwise tamper with any security features, access control mechanisms, or technical limitations in the App.
- Use the App for any commercial purpose or for any public display, performance, or broadcast.
- Use automated means (bots, scripts, scrapers) to interact with the App.
2.3 Reservation of Rights
Partnox LLC reserves all rights not expressly granted to you in these Terms. The App is licensed, not sold, to you. Nothing in these Terms transfers any ownership rights in the App to you.
3. User Accounts
3.1 Account Creation
Some features of the App may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Responsibilities
You agree to:
- Notify us immediately at hello@partnox.com if you become aware of any unauthorized use of your account or any other security breach.
- Ensure that you log out of your account at the end of each session when accessing the App on a shared device.
- Not share your account credentials with any third party.
- Not create more than one account per person without our prior written consent.
- Not create an account using a false identity or on behalf of someone else without their permission.
3.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the App will immediately cease, and any virtual currency, items, or progress associated with your account may be forfeited.
4. Intellectual Property
4.1 Ownership
The App, including all of its content, features, and functionality — such as text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation thereof — is and shall remain the exclusive property of Partnox LLC and its licensors. The App is protected by copyright, trademark, trade secret, and other intellectual property and proprietary rights laws of the United States and other jurisdictions.
4.2 Characters and Folklore
The characters of Bouki and Malis are drawn from Haitian public folklore and cultural tradition, which Partnox LLC deeply respects and celebrates. The specific artistic representations, character designs, animations, names, likenesses, storylines, dialogue, and other creative elements of Bouki and Malis as depicted in the App are original creative works of Partnox LLC and are protected by copyright law. Any unauthorized use, reproduction, or distribution of these elements is strictly prohibited.
4.3 Trademarks
"Bouki Ak Malis," the Bouki Ak Malis logo, "Partnox," "Partnox LLC," and all related logos, product names, and slogans are trademarks or registered trademarks of Partnox LLC. You may not use any of our trademarks without our prior written consent. All other trademarks not owned by Partnox LLC that appear in the App are the property of their respective owners.
4.4 User Content
If you submit, post, or otherwise make available any content through the App (such as usernames, profile customizations, or feedback), you grant Partnox LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with the App and our business.
5. In-App Purchases
5.1 Virtual Items and Currency
The App may offer optional in-app purchases, including virtual currency, power-ups, cosmetic items, level unlocks, or other digital content ("Virtual Items"). Virtual Items are licensed to you, not sold. They have no monetary value outside of the App and cannot be exchanged for real money or transferred to another user or account except as explicitly permitted within the App.
5.2 Payment and Billing
All in-app purchases are processed through the applicable platform store — Apple App Store or Google Play Store. By making a purchase, you agree to that platform's payment terms and policies. Partnox LLC does not directly collect or store your payment information. All payment disputes for in-app purchases must be directed to Apple or Google, as applicable.
5.3 Refund Policy
All sales of Virtual Items are final and non-refundable, except as required by applicable law or as provided by the platform store's refund policy. If you believe a purchase was made in error, you must contact Apple or Google directly to request a refund in accordance with their respective refund policies.
5.4 Parental Controls
Parents and guardians are responsible for monitoring and controlling in-app purchases made by minors. We strongly encourage parents to use the parental control features available on their device or through their platform account (Apple Screen Time or Google Family Link) to restrict or manage in-app purchase capabilities for minors.
5.5 Changes to Virtual Items
Partnox LLC reserves the right to modify, manage, control, or eliminate Virtual Items at any time, with or without notice. Partnox LLC shall have no liability for the modification, suspension, or discontinuation of any Virtual Items.
6. Prohibited Conduct
You agree not to engage in any of the following prohibited activities when using the App:
- Cheating and Exploitation: Using cheats, exploits, automation software (bots), hacks, mods, or any unauthorized third-party software designed to modify or interfere with the App or to gain an unfair advantage.
- Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code, underlying ideas, or algorithms of the App.
- Unauthorized Access: Attempting to gain unauthorized access to the App's servers, databases, or any other systems or networks connected to the App.
- Interference: Uploading or transmitting viruses, malware, or any other malicious code; disrupting, overloading, or impairing the operation of the App or related servers or networks.
- Fraudulent Activity: Engaging in fraudulent activity, including making chargebacks without legitimate cause, creating fake accounts, or misrepresenting your identity.
- Harassment: Using the App to harass, abuse, threaten, or intimidate any other person.
- Illegal Activity: Using the App for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
- Intellectual Property Infringement: Uploading, posting, or transmitting any content that infringes the intellectual property rights of Partnox LLC or any third party.
- Commercial Exploitation: Using the App or any content therein for commercial purposes without the express written consent of Partnox LLC, including streaming for commercial gain or creating and distributing App-based merchandise.
- Data Mining: Using data mining, robots, or similar data gathering or extraction methods in connection with the App.
Violation of these prohibitions may result in immediate termination of your account and/or access to the App, and may expose you to civil or criminal liability.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTNOX LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- WARRANTIES THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, SECURE, OR ERROR-FREE.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE APP.
- WARRANTIES THAT DEFECTS IN THE APP WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, the implied warranties are limited to the minimum scope and duration permitted by law.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTNOX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or related to:
- Your access to or use of, or inability to access or use, the App.
- Any conduct or content of any third party in the App.
- Any unauthorized access, use, or alteration of your content or account.
- Loss or corruption of game data or progress.
- Any bugs, viruses, or other harmful code transmitted through the App.
PARTNOX LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PARTNOX LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless Partnox LLC and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use or misuse of the App.
- Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right.
- Any content you submit, post, or otherwise make available through the App.
- Your violation of any applicable law or regulation.
Partnox LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim. You agree not to settle any such claim without the prior written consent of Partnox LLC.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
11. Dispute Resolution
11.1 Informal Resolution
Before filing a formal claim, you agree to first contact us at hello@partnox.com and attempt to resolve any dispute informally. We will attempt in good faith to resolve the dispute within 30 days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution.
11.2 Binding Arbitration
Except for claims for injunctive or equitable relief, or claims related to intellectual property rights, any dispute, controversy, or claim arising out of or relating to these Terms or the App that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming, USA, or by remote means if both parties agree. The arbitrator's decision shall be final and binding.
11.3 Class Action Waiver
YOU AND PARTNOX LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Partnox LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
11.4 Exceptions
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration. Any such proceeding shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, USA.
11.5 Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Partnox LLC must be filed within one (1) year after such claim arose. Otherwise, your claim is permanently barred.
12. Changes to Terms
Partnox LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and notify you through one or more of the following methods:
- A prominent notice within the App the next time you open it.
- A push notification to your device (where permitted and applicable).
- An email notification if you have provided us with your email address.
If we make material changes that affect your rights or obligations in a significant way, we will provide you with more prominent notice and, where required by applicable law, seek your explicit consent before the changes take effect.
Your continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the App. We encourage you to periodically review these Terms to stay informed of any updates.
13. Contact
If you have any questions about these Terms of Service, please contact us:
Partnox LLC30 N Gould St Ste N
Sheridan, WY 82801, USA
Email: hello@partnox.com
For legal inquiries regarding these Terms, please use the subject line "Terms of Service Inquiry" when emailing us.