Downcard is operated by Nightjar Labs LLC ("Downcard," "we," or "us"). These terms cover your use of Downcard. They're written in plain English on purpose; if anything's unclear, email us and we'll clarify. By downloading, opening, or using Downcard, you agree to these terms. If you do not agree to them, do not use Downcard.
Downcard is for amusement only
Downcard is a social poker game played for fun. It is not real-money gambling and offers no opportunity to win real money or real-world prizes. The chips you play with are virtual and have no cash value (see "Chips are not money" below). Nothing in the app is a wager in the legal sense.
You must be 18 or older
You must be at least 18 years old to use Downcard. By using the app you confirm that you are 18 or older. The app carries a poker theme and is rated for adults on the App Store and Google Play; it is not intended for minors. If we learn that someone under 18 is using the app, we may suspend or remove the account.
The app is provided as-is
Downcard is provided "as-is" and "as-available," without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We try hard to keep it bug-free and the servers up, but we can't promise either. You use it at your own risk.
Chips are not money
Chips in Downcard are virtual items used to fund the poker tables and the in-app shop. They have no cash value. We don't run real-money gambling. Chips can't be cashed out, transferred between accounts, or redeemed for goods or services outside the app.
In-app purchases
You can buy chip packs through the Apple App Store or Google Play. Once chips are credited to your account, the purchase is final. We don't issue refunds for chips already granted. If you have a billing dispute, take it up with Apple or Google directly; they own the refund path. Prices and the items available in the shop may change at any time.
Cosmetic items (felts, card backs, emote packs, titles) you buy with chips are tied to your account. They remain available as long as your account exists. We may retire or rebalance items in the catalog; existing owners keep what they've purchased.
Acceptable use
You agree not to:
- Cheat, exploit bugs to gain chips or items, or use automation or bots against other players.
- Harass, threaten, or impersonate other players. The emote system is for reactions, not abuse.
- Pick a display name that's obscene, hateful, or impersonates someone else. We may rename or reset display names that violate this.
- Reverse-engineer, decompile, scrape, or otherwise try to extract the app's source code, assets, or data.
- Build a competing product using the app or its content.
- Use the app to break the law.
Repeated violations may result in a temporary suspension or permanent account termination. We don't owe you a refund of unused chips in that case.
Accounts
Anonymous accounts are tied to the device you created them on. If you don't claim your account by linking an email or signing in with Apple / Google, losing the device means losing the account. We can't recover anonymous accounts after the fact; that's the trade-off for not requiring a sign-up. You're responsible for keeping any sign-in credentials you do add secure.
Any account, anonymous or claimed, can be deleted from inside the app: Profile → Account → Delete account.
Intellectual property
The Downcard name, logo, app design, and the in-app cosmetic art are ours. You can stream, screenshot, or post about the app freely. You can't extract our assets and ship them in something else. We grant you a limited, personal, non-transferable, revocable license to use the app for your own non-commercial enjoyment, and nothing more.
Feedback
If you send us ideas, suggestions, or feedback, we can use them to improve Downcard without any obligation to you and without compensation. You keep ownership of what you send; you're just giving us permission to act on it.
App store terms
If you downloaded Downcard from the Apple App Store, you acknowledge that these terms are between you and us, not Apple, and that Apple has no obligation to provide support for the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. The equivalent applies to the Google entities if you downloaded from Google Play. Your use of the app must also comply with the applicable app store's terms of service.
Third-party services
Downcard runs on infrastructure we don't own: account, database, and authentication hosting from Supabase, server hosting from Fly.io, crash reporting from Sentry, and diagnostics from Grafana Cloud. Purchases are processed by Apple and Google. We're not responsible for outages or acts of those providers, and your use of the app where it touches them is also subject to their terms.
Suspension and termination
We may suspend or terminate your access at any time if you violate these terms or if we need to for legal, security, or operational reasons. You can stop using the app and delete your account at any time. Terms that by their nature should survive termination (the virtual-currency disclaimers, intellectual property, limitation of liability, indemnification, and dispute resolution) survive.
Limitation of liability
To the maximum extent permitted by law, we aren't liable for any indirect, incidental, special, or consequential damages arising from your use of the app, including lost chips, items, or progress. Our total liability for any direct damages is capped at what you've paid us in the prior 12 months, which for most users is zero, since most never spend.
Indemnification
You agree to cover us for any third-party claims, losses, or costs (including reasonable legal fees) that arise from your misuse of the app or your violation of these terms or of the law.
Dispute resolution
Talk to us first. If you have a dispute, email contact@downcard.app and give us 30 days to resolve it informally. Most issues end here.
Binding arbitration. If we can't resolve it, you and we agree that the dispute will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be seated in New York County, New York, or conducted remotely, and judgment on the award may be entered in any court with jurisdiction. This doesn't stop either of us from bringing an individual claim in small-claims court, or from seeking an injunction to protect intellectual property.
Class-action waiver. Disputes will be resolved only on an individual basis. You and we waive any right to bring or take part in a class, collective, or representative action, and the arbitrator may not consolidate more than one person's claims.
30-day opt-out. You can opt out of this arbitration agreement by emailing us within 30 days of first accepting these terms, naming your account and stating that you opt out. If you opt out, the courts in "Governing law" below handle your disputes instead.
One-year limit. Any dispute must be filed within one year of when it arose, or it's permanently barred.
Governing law
These terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, the state or federal courts located in New York County have exclusive jurisdiction.
Changes to these terms
These terms may be updated. Material changes will be posted here and surfaced in the app the next time you open it; the "Last updated" date at the top will be revised. Continuing to use the app after a material change means you accept the new terms.
General
If any part of these terms is found unenforceable, the rest stays in effect. These terms are the entire agreement between you and us about the app and replace any earlier understanding. Our not enforcing a term isn't a waiver of it. You can't transfer your rights under these terms; we can transfer ours in connection with a merger, acquisition, or sale of assets.
Contact
Questions? Reach out at contact@downcard.app.