Legal
Terms of use
The contract between you and the company. Benchmarking our titles and publishing the results is expressly permitted, and your Australian Consumer Law guarantees come first.
Effective 10 August 2026Version 1.0Australian Consumer Law applies
1Parties, and what these terms cover
These terms are a contract between you and IOPEX TECHNOLOGIES PTY LTD (ACN 696 561 609, ABN 54 696 561 609), an Australian proprietary company in Victoria.
They cover this website at iopex.co.im and any mobile title we publish. A title may ship with supplementary terms, which prevail over these for that title where they conflict.
Not connected with iOPEX Technologies, Inc. There is an established and entirely separate company of a similar name working in enterprise IT and business process services. We have no relationship with it, no shared ownership, and no shared personnel. If you were looking for them, you are on the wrong site.
Nothing in these terms binds, benefits or refers to that company.
2Your consumer guarantees come first
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where these terms conflict with that Law, that Law prevails.
The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Acquiring something from us as a consumer within the meaning of that Law gives you guarantees including acceptable quality, fitness for a disclosed purpose, and correspondence with description.
The statutory wording
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.
Performance claims are part of the description
If we publish a performance figure for a title, that figure is part of the description of what we supply. A title that does not meet a published figure on the hardware the figure was stated for is capable of failing a consumer guarantee. This is the practical reason the home page insists the current numbers are methods rather than results.
Limitation the Law permits
To the extent that Law permits, our liability for failing to comply with a guarantee other than one under sections 51 to 53 is limited at our election to resupply or the cost of resupply.
3Licence to use our titles
Subject to these terms we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use our titles on a device you own or control, for your own non-commercial entertainment.
Not permitted
- Copying, selling, renting, sublicensing or distributing a title, or making it available on a network for concurrent use.
- Reverse engineering, decompiling or disassembling, except so far as that restriction is void under the Copyright Act 1968 (Cth) or the Competition and Consumer Act 2010 (Cth).
- Running a modified client.
- Interfering with advertising, or removing a notice of ownership.
- Using a title to develop a competing product, or training a machine learning model on its assets.
Benchmarking is expressly permitted
You may measure our titles, publish the results, and compare them with anyone else's. No permission is needed and no notice is required. A performance company that forbade benchmarking would be telling you something about its numbers, and clauses of that kind are common enough in software licences to be worth contradicting explicitly.
Store terms
The App Store or Google Play terms also apply to the download and to payment and prevail over these for that subject matter. Apple and Google are not parties to these terms and have no obligation to support our titles. Where Apple's rules require it, Apple is a third party beneficiary of these terms for a title distributed through the App Store.
4Purchases and refunds
Who takes the payment
The store, not us. We never see a card number and cannot process a refund directly because we never held the funds.
Refunds
- App Store: reportaproblem.apple.com. Apple decides.
- Google Play: through Google Play, which has an automatic window and a review process after it.
- From us: if the store refuses and you believe you have a remedy under the Australian Consumer Law, write to engineering@iopex.co.im and we will deal with it on the merits.
Unplayable on your device is a quality failure
If a title is unplayable on a device it was sold as supporting, that is a consumer guarantee matter and we will treat it as one rather than pointing at minimum specifications. The minimum specification is our claim about our own work.
Digital content, price and tax
Australian law gives no general cooling off right for digital content bought online. Your protection is the consumer guarantees. Prices are shown by the store in your local currency and include GST where applicable. IOPEX TECHNOLOGIES PTY LTD is registered for GST from 25 March 2026.
5Availability, changes and discontinuation
No uptime promise
Titles are playable offline. Online features depend on services we do not control, we make no availability commitment for them, and we do not offer service credits because we are not charging for a service level.
Changes
We may change, update or remove features. A change that materially degrades performance on a device class we said we supported will be treated as a defect, not as a product decision.
Discontinuation
At least 60 days notice on this website and in the title. New purchases are disabled immediately on announcement, and unused consumables are refunded through the store or directly if the store cannot.
6Intellectual property
We own or licence everything in our titles and on this website: code, the capture harness, art, audio, the Iopex Technologies name and marks, and the arrangement of this site.
Permitted without asking
- Recording and streaming our titles, including monetised video. You keep the revenue and the copyright in your own footage.
- Screenshots, clips and captured performance data in reviews, news reporting, criticism and commentary.
- Quoting the published methods, with attribution.
The conditions are that you do not imply we produced or endorsed your video, and you do not use our marks as the primary identifier of your channel or product.
Name and trade marks
We claim rights only in our own use of our own name in our own field. We make no claim against, and assert no rights over, the similarly named company referred to at the top of these terms, and nothing here should be read as doing so.
Fair dealing
Nothing here limits fair dealing under the Copyright Act 1968 (Cth) for criticism, review, parody, satire or news reporting.
Copyright complaints
Write to engineering@iopex.co.im with "Legal" in the subject, identifying the work, the claim and your contact details.
7Privacy
Personal information handling is set out in the privacy policy, which forms part of these terms. It is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and it explains how performance telemetry is limited, aggregated on the device, and kept separate from advertising.
Nothing in these terms reduces a right you have under that policy or under the Privacy Act.
8Liability
Read this with the consumer guarantees section, which overrides it wherever the Australian Consumer Law applies.
What we are responsible for
Loss that is a reasonably foreseeable result of our breach or negligence, and anything the law does not permit us to limit, including fraud, death or personal injury caused by negligence, and breach of a non-excludable consumer guarantee.
What we are not responsible for
- Loss that was not reasonably foreseeable.
- Loss of profit, revenue, business, goodwill, anticipated saving or data, suffered in the course of a business rather than as a consumer.
- Battery wear, thermal damage or reduced device lifespan attributable to ordinary use of a device you chose, except where caused by a defect in our software.
- The content of a third party advertisement, or anything on a site reached from one.
Cap
To the extent the law permits, our total liability in connection with a title or this website is limited to the greater of what you paid for that title in the preceding 12 months and one hundred Australian dollars. The cap does not apply to liability that cannot be limited by law.
9Governing law and disputes
These terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts hearing appeals from them.
Before litigation
Write to engineering@iopex.co.im first. This is a request, not a precondition.
Cheaper routes
In Victoria the Victorian Civil and Administrative Tribunal hears many consumer matters, and the ACCC publishes guidance on which body handles what at accc.gov.au.
10General
Changes
The version in force is the one published here with the effective date at the top. A change that materially reduces your rights gets at least 30 days notice, by a notice in the title on next launch and a note at the top of this page.
Severance
An invalid or unenforceable provision is read down so far as necessary, or severed, and the rest continues.
No waiver
Not enforcing a provision is not a waiver of it.
Assignment
You may not assign your rights. We may on a sale of the business or a title, and your rights under these terms and the privacy policy transfer with them.
Entire agreement
These terms, the privacy policy, the cookie notice and any supplementary title terms are the whole agreement about their subject matter. This does not exclude liability for misleading or deceptive conduct, which cannot be contracted out of.
Contact
IOPEX TECHNOLOGIES PTY LTD, ACN 696 561 609, ABN 54 696 561 609. Email engineering@iopex.co.im.
We do not publish a postal address here. The registered office recorded against ACN 696 561 609 at ASIC is the address with legal effect for service.