Terms of Service

These Terms of Service (“Terms”) govern your use of the Foilio mobile application for iPhone (the “App”), operated by Piotr Boroń, sole proprietor operating under Article 5 of the Act of 6 March 2018 — Entrepreneurs’ Law, with a registered address at al. Solidarności 68/121, 00-240 Warsaw, Poland (“we”, “us”, or “our”).

By downloading, installing or using the App you agree to these Terms. If you do not agree, do not use the App. Sections 6 and 7 — purchases and randomized items — are the ones worth reading before you spend anything.

1. What the App Is

Foilio turns photographs from your own device into collectible cards. Each card is assigned a rarity by a weighted random roll, several attributes by further independent rolls, and a visual variant by a random seed. Around that sits a single-player progression system: experience and ranks, three in-game currencies, a daily film allowance, streaks, quests, packs, a discovery index called the Foilodex, and a collection of places called the Atlas.

The App runs on your device. There are no accounts, no shared servers of ours, no multiplayer and no social features. Your cards and progress exist only on the device that made them. The Privacy Policy describes this in detail and forms part of these Terms.

2. Eligibility

You must be at least 13 years old, or the minimum age required where you live if that is higher, to use the App. By using it you confirm you meet that requirement. If you are under the age of majority, you may use the App only with the involvement of a parent or guardian, and only that person may make purchases.

3. Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on Apple devices you own or control, for your own personal, non-commercial use, subject to the Apple Media Services Terms and Conditions. You may not:

• reverse-engineer, decompile or disassemble the App;
• modify or adapt it, or create derivative works from it;
• distribute, sublicense, rent, lease or lend it;
• circumvent, tamper with or automate any part of it, including its currencies, allowances, timers and random outcomes;
• use it for any unlawful purpose.

The App is licensed to you, not sold, and that licence is Apple’s Standard End User Licence Agreement (the “Standard EULA”), which applies to every copy downloaded from the App Store. We offer no licence agreement of our own. These Terms sit alongside the Standard EULA and add only what is specific to this App: what it sells, how its odds work, and what happens to your photographs. Where the two conflict, the Standard EULA governs to the extent of the conflict.

Apple is not a party to these Terms and has no obligation to provide support for the App. Apple is a third-party beneficiary of these Terms and of the Standard EULA, and may enforce them against you.

4. Your Photos and Your Cards

Your photographs remain yours, and so does every card, image and export you make from them. We claim no ownership of and no licence to your content. We could not use it if we wanted to: it never leaves your device through the App, and we have no ability to obtain it.

You are responsible for having the right to use any photograph you turn into a card, and for whatever you choose to do with a card you export or share. Nothing in the App publishes anything: sharing happens through the standard iOS share sheet and goes only where you send it.

5. Accounts, Backup and Loss

There is no account and no cloud save. Your collection, currencies and progress are stored only in the App’s storage on your device, and we hold no copy of any of it.

Deleting the App, using the App’s own “Erase everything” control, losing or resetting your device, or restoring a device without the App’s data will permanently destroy your collection and any unspent in-game currency, including currency bought with real money. We cannot recover it, and neither can Apple. If a card matters to you, export it first.

Purchases that create a durable entitlement — the lifetime unlock and an active subscription — are held by Apple against your Apple Account and can be restored. Section 6.5 explains why consumable currency cannot be.

6. In-App Purchases and Subscriptions

The App is free to download and can be played without spending anything. It also offers optional purchases. All of them are sold through Apple’s In-App Purchase system.

6.1 Apple processes every payment

Apple is the merchant of record for every purchase in the App. Apple takes the payment, holds your payment method and Apple Account details, and issues receipts. We never receive, process or store any payment information. Your purchase is also subject to the Apple Media Services Terms and Conditions, and where those conflict with these Terms in relation to payment, Apple’s terms govern.

6.2 What is sold

• Foilio Pro — an auto-renewing subscription, sold as a weekly or a yearly plan in a single subscription group. It grants exactly four things: a flat daily film allowance of 150in place of the free tier’s level-based one, a daily stipend of 250 credits, a pity counter that trips after 20 cards instead of 40, and access to the whole 971-entryFoilodex rather than the free tier’s 135. It grants no other advantage, and nothing in it is cosmetic.
• Lifetime unlock — a one-time, non-consumable purchase granting the same benefits as Foilio Pro, permanently and without renewal.
• Credits, film and shards — consumable packs of in-game currency, and a one-time welcome bundle containing all three.

Prices are set per storefront and are shown to you by Apple in your own currency before you confirm. Foilio Pro and the lifetime unlock grant identical capabilities; they differ in price and duration only.

6.3 Auto-renewal and cancellation

A subscription is charged to your Apple Account when you confirm the purchase. It renews automatically for the same period unless it is cancelled at least 24 hours before the end of the current period. Apple charges the renewal within the 24 hours before the current period ends, at the price then in effect.

You cancel through the App Store, not through us. On your device: Settings → your name → Subscriptions, or the Subscriptions section of your App Store account. The App links directly to that screen. We have no ability to cancel a subscription on your behalf, and nothing inside the App cancels one.

Cancelling stops the next renewal. It does not shorten the period you have already paid for; your benefits continue until it ends.

The free trial. The yearly plan carries seven days free. The weekly plan carries no trial, and there is only one trial available: Apple allows a single introductory offer per subscription group per Apple Account, and it is attached to the yearly plan. Apple determines your eligibility. Unless you cancel at least 24 hours before the seven days are up, the first year is charged automatically at the end of them. If you cancel before then you are not charged. If you buy a subscription before a trial ends, any unused portion of the trial is forfeited, which is Apple’s standard rule.

Buying the lifetime unlock does not cancel a subscription. Apple will bill both if both are active. The App detects that state and tells you so, but you must cancel the subscription yourself in the App Store.

6.4 Restoring purchases

The App provides a Restore Purchases control in Settings, which asks Apple what your Apple Account owns. Use it after reinstalling or on a new device. It restores the lifetime unlock and re-establishes an active subscription. If the purchases were made under a different Apple Account, sign in to that account first.

6.5 Consumables are not restorable

Credits, film, shards and the welcome bundle are consumables. Apple does not replay a consumable purchase, so Restore Purchases will never return them, and neither can we.

This is deliberate rather than an oversight, and the reason is worth stating. A consumable is delivered once, into the game state on your device, and there is no server holding a record of what you have already spent. If currency were restorable, deleting and reinstalling the App would hand it over again for the same single payment, without limit. Making it a consumable is the only way to prevent that when there is no server to arbitrate.

The consequence is that unspent currency is lost if you delete the App, erase everything, or lose the device. Buy currency to spend it, not to store it.

6.6 Delivery, interruptions and approval

The App only completes a purchase with Apple once the goods have actually been written to your device. If a purchase is interrupted — a crash, a force-quit, no free space — it stays open with Apple and is delivered the next time you open the App. A purchase held for a parent’s approval under Ask to Buy, or for a bank’s under Strong Customer Authentication, charges nothing and grants nothing until it is approved.

6.7 Refunds

Refunds are handled by Apple, not by us. Request one at reportaproblem.apple.com. We cannot issue, reverse or guarantee a refund, and we have no visibility into your purchase history. If Apple refunds a durable purchase, the corresponding benefits stop in the App. In-game currency that has already been spent cannot be recovered from your account, because there is no account to recover it from.

Nothing here affects statutory withdrawal or refund rights you have as a consumer where you live.

6.8 Purchased currency does not expire

Film bought with money is held separately from the free daily allowance and does not expire, however long you leave it. The free daily allowance resets each day and is not currency. Credits and shards, however acquired, do not expire.

6.9 Changes to prices and to game balance

Prices may change. Apple notifies subscribers of a price increase and, where required, asks them to consent before it takes effect.

We may also change costs, rewards, allowances and other balance values in future versions of the App. Such changes apply from the version in which they ship. They are not applied retroactively to cards you already hold, and they do not remove currency already in your possession. Published odds are covered by section 7.

7. Randomized Items and the Published Odds

Several outcomes in the App are random: the rarity of a card, five of its attributes, the contents of a pack, the contents of a crate, and whether an upgrade at the fusion bench succeeds. Packs and upgrades are paid for with credits, and credits can be bought with real money, so the App treats every one of these as a purchasable randomized item.

The odds screen inside the App is the binding statement of those probabilities. It is reachable from Settings, and it is shown before you commit to anything random. It publishes the rarity table, the effect of the image-quality boost, the guaranteed first pull, the pity counter for your tier, the per-tier upgrade success rates, and the attribute tables. The odds published in the version of the App you are running are the odds that version uses. The support page reproduces the main tables for reference, but the App is the authority.

Randomness means randomness. No sequence of outcomes is owed to you, and past results do not change future ones except where the App explicitly says otherwise — the pity counter, which forces an Epic-or-better roll after a stated number of mints without one, and the first card of a new collection, which is restricted to Rare or better.

An upgrade can destroy the card you upgrade. The fusion bench consumes cards you select as fodder plus a credit fee, then rolls at the published rate for the tier being reached. On a failure the card being upgraded is destroyed along with the fodder, the fee is spent either way, and part of the value is returned as salvage. A destroyed card is removed from your collection and its stored photo copy is deleted from the device. This is irreversible; there is no undo, no backup and no way for us to recover it. The odds are shown before you commit, using the upgrade is entirely optional, and no part of the App requires it. Sealing a card in a slab makes it ineligible as fodder and as a target, which is what a slab is for.

8. Virtual Items Have No Value Outside the App

Credits, film, foil shards, keys, crates, cards, effects, experience, ranks, Foilodex entries and Atlas entries are virtual items with no monetary value. Buying a consumable buys you a limited, revocable, non-transferable licence to use a quantity of a virtual item inside the App. It does not buy you property, a balance, a deposit or a credit against us.

They cannot be:

• redeemed for money or for anything else of value;
• sold, traded, gifted or transferred to another person;
• moved between devices, between installations or between Apple Accounts;
• held or accrued as a balance you can withdraw.

No cash, prize or item of real-world value is ever staked on or won from a random outcome in the App, and nothing in it can be converted into money.

9. Acceptable Use

You agree not to:

• use the App to store, make cards from, or share material that is unlawful, or that you have no right to use;
• manipulate the device clock, the App’s storage or its network traffic to obtain currency, allowances, rewards or entitlements you did not earn or pay for;
• use modified, jailbroken or emulated environments to defeat the App’s limits or Apple’s purchase system;
• attempt to obtain paid entitlements without paying for them.

The App has no server, so we cannot detect or police any of this, and there is no ban to impose. This section exists to state that such use is not licensed, not that it will be caught.

10. Intellectual Property

The App — including its code, shaders, foil and card artwork, user interface, sound design, the Foilodex and Atlas datasets as assembled for the App, and the Foilio name — is our intellectual property or is licensed to us, and is protected by copyright and other laws. All rights not expressly granted here are reserved. Your own photographs and the cards made from them are excluded from this section entirely; see section 4.

The App includes third-party material under open licences, credited in full on its Acknowledgements screen: populated-place data from GeoNames under CC BY 4.0, country boundaries from Natural Earth (public domain), icons from game-icons.net under CC BY 3.0 and from Lucide, Phosphor and Tabler under permissive licences, sound effects from Kenney under CC0 and from GameBurp and Olex Mazur under their own terms, and sample photographs under the Unsplash License. Those licences govern that material.

11. Disclaimer of Warranties

The App is provided “as is” and “as available”, without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that:

• the App will be uninterrupted, error-free or free of harmful components;
• on-device image recognition will identify any particular subject, or unlock any particular Foilodex entry;
• the bundled place data will resolve any particular location correctly, completely or currently — it is supplied to us as is, simplified and rounded, and a card’s recorded place is a game outcome rather than a statement of fact;
• any random outcome will fall in your favour;
• defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, photographs, cards, virtual items or goodwill, arising from or connected to your use of or inability to use the App, even if we were advised such damages were possible.

Our total aggregate liability for all claims relating to the App will not exceed the greater of the amount you paid us or through the App in the twelve months before the claim, or EUR 50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, including liability for death or personal injury caused by negligence, for fraud, or for willful misconduct, and nothing here affects your statutory rights as a consumer.

13. Termination

You may end these Terms at any time by deleting the App. We may terminate the licence granted here if you materially breach these Terms. On termination your right to use the App ends; deleting the App also deletes your collection, as described in section 5. Ending these Terms does not cancel a subscription — cancel that in the App Store, as described in section 6.3.

We may also stop distributing or supporting the App. An installed copy keeps working for as long as your device and iOS allow, but we do not guarantee future compatibility, and Apple controls availability on the App Store.

14. Changes to These Terms

We may revise these Terms. The date at the top of this page shows when they last changed. Material changes will be reflected in the App before the version they apply to ships. Continuing to use the App after a change means you accept the revised Terms; if you do not accept them, stop using the App and cancel any subscription.

15. Governing Law and Disputes

These Terms are governed by the laws of Poland, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms or the App is subject to the competent courts of Warsaw, Poland, except where the mandatory consumer-protection law of your country of residence gives you the right to bring proceedings elsewhere or requires a different law to apply. Nothing here deprives a consumer of the protection of the mandatory rules of the country where they live.

Consumers in the EUmay also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in force. These Terms, together with the Privacy Policy and the Apple Media Services Terms and Conditions, are the entire agreement between you and us about the App.

17. Contact

Email: support@n1apps.com

Questions about using the App are answered on the Foilio support page. Questions about billing, refunds and cancellation are answered fastest by Apple, at support.apple.com/billing.