Terms of Service

Last Updated: March 2026

These Terms of Service ("Terms") govern your use of the Punchy mobile application (the "App") developed and operated by Salvatore Castellitti ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Description of the App

Punchy is a mobile game that uses your device's accelerometer to measure and score punch movements. The App is intended for entertainment purposes only and requires physical interaction with your device.

2. Physical Activity Warning & Device Safety

WARNING: Punchy requires you to physically swing or punch with your mobile device. Always maintain a firm grip on your device at all times. Never use the App in a crowded area, near other people, animals, or fragile objects. Stop immediately if you feel discomfort or fatigue.

By using the App, you expressly acknowledge and agree that:

You use the App entirely at your own risk.
We are not responsible for any damage to your device, including but not limited to cracked screens, broken components, scratches, or any other physical damage that may result from using the App.
We are not responsible for any personal injury, property damage, or harm to third parties that may result from your use of the App.
It is your sole responsibility to ensure you are in a safe environment before using the App and that your device is securely held or fitted with a protective case and wrist strap.
We strongly recommend using a wrist strap or phone grip accessory while using this App.

3. Eligibility

You must be at least 13 years of age to use this App. If you are under 18, you must have permission from a parent or legal guardian. By using the App, you represent that you meet these requirements.

4. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial entertainment purposes, subject to these Terms. You may not copy, modify, distribute, sell, or reverse-engineer any part of the App.

5. Advertisements

The free version of the App displays advertisements served by Google AdMob. By using the free version, you consent to the display of such advertisements. You may remove advertisements by purchasing the "Remove Ads" in-app purchase available in the Settings screen.

6. In-App Purchases — No Refunds

The App offers a one-time in-app purchase ("Remove Ads") to remove advertisements permanently. All purchases are:

Processed by Apple App Store or Google Play and subject to their respective Terms of Service.
Final and non-refundable. We do not issue refunds for any in-app purchases under any circumstances, except where required by applicable law or as required by Apple/Google's refund policies.

If you believe you are entitled to a refund under applicable law or platform policy, you must request it directly from Apple (via Apple's Report a Problem tool) or Google (via Google Play's refund process). We have no control over and assume no responsibility for refund decisions made by these platforms.

You may restore a previously completed purchase at any time from Settings → Restore Purchase.

7. Intellectual Property

All content, graphics, game mechanics, sounds, and other materials within the App are the exclusive property of Salvatore Castellitti and are protected by applicable intellectual property laws. Nothing in these Terms grants you any rights to use our trademarks, logos, or brand features.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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 VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALVATORE CASTELLITTI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, DAMAGE TO DEVICE, PERSONAL INJURY, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR €1.00 EUR, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify and hold harmless Salvatore Castellitti from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

We reserve the right to discontinue the App or restrict access at any time without notice. These Terms remain in effect until terminated. You may terminate by uninstalling the App from your device.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last Updated" date. Continued use of the App after changes constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. Any disputes shall be resolved in the competent courts of Italy.

14. Contact

For any questions or concerns about these Terms, please contact:
s.castellitti.dev@gmail.com