Terms of Use

01The agreement

These Terms of Use (“Terms”) are a legal agreement between you and False Peak, Zürich, Switzerland (“False Peak”, “we”, “us”). They govern your use of Dubloon, the app listed on the App Store as “Dubloon by Cluso”, on iPhone and Mac, including any updates and any in-app purchases (together, the “App”).

These Terms are the End User License Agreement for the App. By downloading or using the App, you agree to them. If you do not agree, do not use the App.

You acknowledge that these Terms are concluded between you and False Peak only, and not with Apple Inc. (“Apple”). False Peak, not Apple, is solely responsible for the App and its content.

How we handle your data is explained in our Privacy Policy.

02Your licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where the App Store allows it.

You may not rent, lease, lend, sell, redistribute or sublicense the App. The App is licensed, not sold. We keep all rights not expressly granted to you.

03Dubloon Pro and payments

What is free and what is Pro

Dubloon has four games. Reverse Singing and Home Video Dub are free. Movie Scene Dub and Sound Imitation are part of Dubloon Pro, which also unlocks Booth Cam, video exports and community dub packs. The features included in Pro may change over time as the App develops.

How Pro is sold

Dubloon Pro is available as a one-time purchase or as an auto-renewing subscription (monthly or yearly), through Apple’s In-App Purchase. Prices are shown in the App and on the App Store before you buy, in your local currency.

• Payment is charged to your Apple Account when you confirm the purchase.
• A subscription renews automatically at the end of each period, at the then-current price, unless you cancel it at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel a subscription in your Apple Account settings (on iPhone: Settings → your name → Subscriptions). Cancelling stops the next renewal; you keep Pro until the end of the period you paid for.
• If the App Store offers a free trial or introductory offer, it converts to a paid subscription at the end of the offer unless you cancel in time, as set out in the App Store terms. Any unused part of a free trial is forfeited when you purchase a subscription, where applicable.

Early adopters

People who installed Dubloon before it began charging receive Pro free. This is a thank-you, not a purchase, and we intend to honour it for as long as Dubloon is offered.

iPhone and Mac

Dubloon is a universal purchase. Pro bought on iPhone or iPad also unlocks on the Mac, and the other way round, when you use the same Apple Account. Use Restore Purchases in the App if Pro does not appear.

Refunds

All payments are processed by Apple. We cannot issue refunds ourselves. To request one, go to reportaproblem.apple.com. Apple’s refund policies apply, and so do any mandatory consumer rights you have where you live.

04Your recordings

Your recordings, takes, Booth Cam footage and exported videos (“your content”) belong to you. We claim no ownership of them, and we never receive them: they stay on your device unless you share them yourself.

You are responsible for what you record and share, and for making sure that sharing it is lawful. That includes the rights of anyone else who appears or is heard in your content.

05Dub packs and copyright

The four included scenes

• “Camp Rules” from Sprite Fright by Blender Studio, licensed under Creative Commons Attribution 4.0 (CC BY 4.0).
• “Awesome in Space” from Tears of Steel, (CC) Blender Foundation | mango.blender.org, licensed under Creative Commons Attribution 3.0 (CC BY 3.0).
• “A Kindred Spirit” from Sintel, © copyright Blender Foundation | www.sintel.org, licensed under Creative Commons Attribution 3.0 (CC BY 3.0).
• “Stuck Up” from The Outsider (1951), which is in the public domain in the United States. Its status may differ in other countries.

Apart from these four scenes, Dubloon does not include, host, sell or distribute any films.

Community packs

Community dub packs are made and shared by third parties, not by us. We do not review, endorse or control them. When you import, dub or share any material:

• you must have the right to use it;
• you must follow the copyright law of the country where you live;
• when you share an export, keep the attribution the App shows.

If you believe material is being used in a way that infringes your rights, please tell us at contact@falsepeak.ch. Because we do not host community packs or user content, we may need to point you to the site or person who does.

06Acceptable use

You agree not to use the App to:

• infringe anyone’s copyright, trademark, privacy, personality or other rights;
• harass, threaten or bully anyone;
• impersonate real people in a deceptive way, for example to make it seem a real person said something they did not;
• create or share content that is unlawful where you live;
• get around purchases or other access controls.

You also agree not to copy, modify, decompile, reverse engineer or disassemble the App, except where the law allows it despite this restriction.

07Our content

The App’s code, artwork and design, and the name “Dubloon”, belong to False Peak or its licensors and are protected by intellectual property law. The 24 sounds used in Sound Imitation are CC0 clips from Freesound, dedicated to the public domain by their creators. The included scenes are used under the licences described in section 05.

08Scores

Scores, grades and verdicts are for fun. They are calculated automatically on your device and we do not guarantee that they are accurate or consistent. They are not a professional assessment of your voice, singing or acting.

09Third-party sites and terms

The App may link to other websites, such as GameBanana, Blender Studio and Freesound. They are run by other people under their own terms and privacy policies. We do not endorse or control them and are not responsible for them.

You must comply with any applicable third-party terms of agreement when using the App. For example, you must comply with the terms of your wireless data or internet service provider, and with the Apple Media Services Terms and Conditions.

10Apple terms

Because the App is distributed through Apple’s App Store, the following also applies. If anything in these Terms conflicts with this section, this section wins.

Maintenance and support

False Peak alone is responsible for providing any maintenance and support for the App, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide any maintenance or support services for the App. For support, contact contact@falsepeak.ch.

Warranty

False Peak alone is responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are False Peak’s responsibility, to the extent they are not disclaimed in these Terms.

Product claims

False Peak, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

Intellectual property claims

If any third party claims that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, False Peak, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

Legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Questions, complaints and claims

Send any questions, complaints or claims about the App to False Peak, Zürich, Switzerland, at contact@falsepeak.ch.

Third-party beneficiary

You and False Peak acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11Warranty disclaimer

We work hard to make Dubloon good, but it is provided “as is” and “as available”. To the extent permitted by law, we make no warranties beyond those in these Terms, including warranties of merchantability, fitness for a particular purpose, or that the App will be uninterrupted or error-free. We do not guarantee that your recordings will never be lost; back up anything you care about.

This section does not limit any warranty or consumer right that cannot be excluded under the law that applies to you.

12Limitation of liability

To the extent permitted by law, False Peak is not liable for indirect or consequential damages, lost profits, or loss of data arising from your use of the App. To the extent permitted by law, our total liability to you for any claim relating to the App is limited to the amount you paid for the App or Dubloon Pro in the twelve months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law. This includes liability for intent or gross negligence under Swiss law, and any mandatory rights you have as a consumer in the country where you live.

13Changes

To the App. We may update, change or remove features of the App, including which features are free and which are part of Pro. If a change takes away something you already paid for, we will act fairly and in line with your consumer rights.

To these Terms. We may update these Terms. We will post the new version on this page with a new date, and mention material changes in the App’s release notes. If you keep using the App after a change takes effect, the new Terms apply. If you do not agree, stop using the App and cancel any subscription.

14Termination

You can stop using the App at any time by deleting it. Remember to cancel any subscription in your Apple Account settings; deleting the App does not cancel it.

Your licence ends automatically if you seriously breach these Terms. When it ends, you must stop using the App and delete it. Sections that by their nature should survive, such as those on intellectual property, disclaimers, liability and governing law, continue to apply.

15Governing law and disputes

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zürich, Switzerland.

If you are a consumer and the mandatory consumer protection law of your country of residence gives you the right to bring proceedings in your home courts, or to rely on its provisions, this section does not take that right away.

If any part of these Terms is found invalid, the rest remains in effect.

16Contact

False Peak
Zürich, Switzerland
contact@falsepeak.ch

See also our Privacy Policy.