Terms of use

Scope: who is bound by this document, and which things it attaches to.

Supplier

IOPEX TECHNOLOGIES PTY LTD, ACN 696 561 609, ABN 54 696 561 609

Form

Australian proprietary company, limited by shares, based in Victoria

You

Whoever reads this site or installs a title we publish

Covered

This website, and every mobile title released under this company name

Order of priority

Supplementary terms shipped with a specific title beat this document for that title, where the two conflict

Consideration

Use of the site or a title. Nothing on this site is sold from this site

Scope: the relationship between this contract and the statutory guarantees. The guarantees win.

No clause below is capable of excluding, restricting or modifying a guarantee, right or remedy that the Australian Consumer Law places beyond exclusion. Where a clause and that Law pull in opposite directions, the Law wins, and the clause is read as cut back by however much that takes.

Schedule 2 to the Competition and Consumer Act 2010 (Cth) houses the Australian Consumer Law. Take something from us as a consumer, in the sense that Law gives the word, and the attaching guarantees include acceptable quality, fitness for a purpose we disclosed, and a match with the description we supplied.

The statutory wording, unaltered

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

The limitation that Law does permit

One limitation is permitted, and only that one is taken. Where a guarantee outside sections 51 to 53 is missed, our liability reduces, at our election, to supplying the goods or services again or paying what doing so would cost.

Scope: what happens when a number we publish turns out not to hold on the hardware it was published for.

Publish a figure and it becomes part of the description of the thing supplied, which places it inside the guarantee of correspondence with description. A title that misses a stated figure on the hardware the figure was stated for is capable of failing that guarantee, and the answer to a report of one is a measurement rather than an argument about wording.

This is the contractual reason the rest of the site is careful to label its numbers as methods rather than results. A figure published under this clause will name the device, the operating system build, the session length and the ambient conditions it was taken under, because a figure without those is not checkable and an uncheckable figure should not carry contractual weight.

Scope: what you are permitted to run, and on what.

Granted

A licence to install and run our titles

Character

Non-exclusive, non-transferable, revocable, and personal to you

Hardware

A device you own or control

Purpose

Your own entertainment, on a non-commercial basis

Term

For as long as this document is complied with

Not granted

Ownership of anything. The software is licensed, never sold

A licence for commercial use, an arcade or venue installation, or a bundled distribution is a separate arrangement and needs a separate agreement in writing.

Scope: the things the licence does not stretch to.

• Copying, selling, renting, sublicensing or distributing a title, or putting one on a network for concurrent use by other people.
• Reverse engineering, decompiling, disassembling, except so far as the Copyright Act 1968 (Cth) or the Competition and Consumer Act 2010 (Cth) strips a restriction of that kind of its effect.
• Running a modified client, or a client that reports altered measurements to a service.
• Interfering with the delivery of advertising, or stripping a notice of ownership out of a build.
• Feeding a title into a competing product, or training a machine learning model on the assets inside it.

Those restrictions bind conduct, not opinion. Nothing in them stops you saying whatever you conclude about our software, including in public and including at length.

Scope: measuring our titles and publishing what you measured.

Permitted

Measuring any title we publish, by any method, on any hardware

Publication

Permitted, including comparison against anyone else's software

Permission needed

None

Notice needed

None, before or after

Review copy required

No, and none will be conditioned on a favourable result

Licences in this industry routinely forbid publishing benchmark results. A company whose entire subject is measurement cannot credibly carry a clause like that, and a supplier that needs one is telling you something about its own numbers. If a measurement of ours is wrong, publishing the correction is the fastest way for it to get fixed, and the method that produced it is more useful to us than a private complaint.

Scope: the second contract in the room whenever a title is downloaded.

Downloads and payments run under whichever store document applies, Apple's or Google's, and on those two subjects it outranks this one. Neither store operator is a party here, and neither owes support or maintenance for what we publish. Apple's rules add one item: a title shipped through its store gives Apple third party beneficiary status under this contract, enforceable against you on that footing.

Nothing in a store's terms reduces a guarantee you hold under the Australian Consumer Law against us as the supplier of the software.

Scope: where money goes, and what we can see of it.

Collected by

The store, never this company directly

Card details

Never received, never stored, never visible to us

What we receive

A transaction record and a payout, described at 05 of the privacy policy

Currency and price display

The store's, in your local currency

GST

Included where it applies. This company has been registered for GST from 25 March 2026

Cooling off

No general cooling off right attaches to digital content bought online in this country. The guarantees at 02 are the protection that does apply

Scope: three routes, in the order they usually work.

1. App Store. Lodge it at reportaproblem.apple.com. The funds sat with Apple, so the decision is Apple's.
2. Google Play. Lodge it inside Google Play, where an automatic window comes first and a review follows it.
3. Direct. Where a store refuses and you consider a remedy is owed under the Australian Consumer Law, write to engineering@iopex.co.im and the claim gets judged on the merits, not on which refund window has shut.

Unplayable on hardware we said we supported

That is a quality failure and gets handled as one. The minimum specification published for a title is our own claim about our own work, so pointing at it to refuse a remedy would be pointing at the wrong document. Send the device model, the operating system build and how far into a session the failure appears, and the report is treated as a defect report as well as a refund request.

Scope: what is promised about a service being reachable, which is deliberately very little.

Offline play

Titles are built to run without a network connection

Online features

Depend on platforms outside our control

Uptime commitment

None given, for either the site or an online feature

Service credits

None, because no service level is being charged for

Maintenance

Announced in the title where it is scheduled and long enough to notice

An availability promise nobody funds is worth nothing at the moment it matters, so none is made here. What is promised instead is the stronger thing: a title keeps working when the network does not.

Scope: alteration and withdrawal of something you already installed.

Features can be added, altered or withdrawn. One category of change is treated differently: a change that materially worsens performance on a device class we said was supported is a defect rather than a product decision, and it gets a fix or a rollback rather than a release note.

Shutdown procedure

Notice

At least 60 days, published on this website and shown inside the title

New purchases

Disabled at the moment of announcement, not at the end of the notice period

Unused consumables

Refunded through the store, or directly where the store cannot

Offline mode

Left working where a title can run without our services

Scope: what belongs to this company.

We own or license the code of our titles, the capture harness and the session runner, the artwork, the audio, the written methods, the Iopex Technologies name and marks, and the text and arrangement of this website. Installing a title transfers none of that, and neither does quoting from this site.

Third party components carry their own licences, which are honoured, and the licence text for anything shipped inside a title is reachable from that title's settings screen.

Scope: uses of our material that are permitted in advance, so that nobody has to write in for permission.

• Recording and streaming our titles, monetised or not. Your footage is your copyright and the revenue is yours.
• Screenshots, clips and captured measurements, used in a review, a news report, criticism or commentary.
• Quoting the published methods, with attribution to the company.

Two conditions ride along with that. Nothing you publish should imply we made it or endorsed it, and our marks are not to become the main identifier of a channel, a product or a service.

Fair dealing for criticism, review, parody, satire and news reporting, under the Copyright Act 1968 (Cth), survives all of that untouched. The permissions above sit on top of it; they do not mark out its edges.

Copyright and trade mark complaints

Write to engineering@iopex.co.im, subject line "Legal", naming the work, the right you rely on, and a route back to you. Whichever way it lands, a complaint gets a decision instead of silence.

Scope: how far the name claim reaches, given the collision noted at 01.

Rights are claimed only in this company's own use of its own name, in its own field of mobile game performance engineering. No right is asserted over the similarly named enterprise IT business, no claim is made against it, and nothing in this document should be read as reserving one for later.

Other product and company names on this site belong to whoever owns them and are used descriptively.

Scope: the short list of things that cost you the licence at 04.

• Attacking the infrastructure: denial of service, credential stuffing, or automated traffic aimed at breaking something rather than measuring it.
• Manipulating a leaderboard or an economy through a modified client or a falsified measurement.
• Redistributing a build, whether modified or not.

A licence ends only for conduct on that list, and ending it does not cancel a right you hold under the Australian Consumer Law for what you already paid for. Complaining about us, publishing an unflattering measurement, or reporting a security defect are none of them, and 30 of the privacy policy says the same thing about privacy complaints.

Security research

A good faith report sent to the address at 22 is welcome and will not be answered with a threat. Test against your own installs and your own devices, avoid other people's data, and give us a reasonable window before publishing.

Scope: the relationship between this document and the privacy policy.

The privacy policy forms part of this contract. Written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, it itemises every record, its retention clock and its recipients, including how telemetry is reduced to a distribution on the handset and kept away from the advertising path.

No clause here cuts a right the policy or the Act gives you. Read the two together, and where they appear to disagree about personal information, the privacy policy is the one that governs.

Scope: what gets carried, and what does not. Clause 02 sits above this one wherever the Australian Consumer Law reaches.

Carried

• Loss following foreseeably from a breach on our side, or from our negligence.
• Whatever a supplier is forbidden to limit: fraud, and death or personal injury flowing from negligence.
• A guarantee that cannot be excluded, in the event it is not met.

Not carried

• Loss lying beyond reasonable foresight at the point this contract formed.
• Profit, revenue, business, goodwill, an anticipated saving or data, lost in the course of running a business rather than as a consumer.
• Battery wear, thermal stress or shortened device life arising from ordinary use of a device you chose, unless a defect in our software caused it.
• What a third party advertisement says, and whatever lies beyond a link inside one.

The third of those deserves a note, since this company measures thermal and battery behaviour for a living. Running any demanding software warms a handset and consumes charge; that is physics rather than a defect. Where our software heats a device beyond what its workload should produce, that is a defect and it is ours.

Scope: the ceiling on liability, and what sits outside it.

Ceiling

Whichever is larger: one hundred Australian dollars, or the sum paid for that title across the previous 12 months

Applies to

Total liability connected with a title or with this website, however the claim is framed

Outside the ceiling

Liability we are forbidden to limit, the guarantees at 02 among it

Free titles

The hundred dollar floor still applies, so a cap of nothing is not the result

Scope: which law reads this document, and which courts hear an argument about it.

Governing law

Victorian law, plus whichever Commonwealth law applies

Jurisdiction

Victorian courts and their appellate courts, non-exclusively

Non-exclusive means

Nothing stops you bringing a claim in the courts where you live, if those courts will take it

Arbitration

None required. There is no clause here forcing a dispute out of the court system

Class actions

Not waived. No clause here attempts to remove that right

Scope: what to do before anybody files anything.

Write to engineering@iopex.co.im, describing what happened and what would settle it. A request, not a precondition: no clause here turns correspondence with us into a hurdle standing in front of a legal right.

Forums that cost less than a court

• Consumer matters reach the Victorian Civil and Administrative Tribunal cheaply, and without anybody needing a lawyer.
• Guidance from the Australian Competition and Consumer Commission sets out where each kind of complaint belongs, at accc.gov.au.
• A privacy matter has its own route, through the Office of the Australian Information Commissioner, described at 30 of the privacy policy.

Scope: the machinery clauses, kept short because length is where they hide.

Changes to this document

The version in force is whatever this page carries beneath the in-force date printed at its head. A change cutting your rights carries 30 days notice at minimum, posted here and shown in the title on next launch. Superseded versions are kept, and sent over on request.

Severance

An invalid provision gets narrowed until it works, or removed where narrowing cannot save it, and the remainder stands unaffected.

Waiver

Declining to enforce a clause on one occasion is not a decision to abandon it.

Assignment

Nothing here is yours to transfer. Ours can move when the business or a title is sold, and your rights under this document and the privacy policy move across with them.

Entire agreement

The whole agreement on this subject matter is this document, any supplementary terms shipped inside a title, the cookie notice and the privacy policy. Misleading or deceptive conduct stays actionable regardless, since no contract term can sign that liability away.

Status of this document

A structured commercial document, then, and not legal advice. It stands in for nothing an Australian legal practitioner would tell you about your own position.

Scope: where notices go in each direction.

Entity

IOPEX TECHNOLOGIES PTY LTD, ACN 696 561 609, ABN 54 696 561 609

Address for correspondence

engineering@iopex.co.im

Subject line for a legal matter

Legal

Response

5 business days

Service of documents

ASIC's record of the registered office for ACN 696 561 609, which is the address carrying legal effect

Notice to you

A banner note on this document, plus an in-title notice on next launch where the change reaches it

A postal address is not published on this site. Publishing one that carries no legal effect for service would add a line of text and no rights.