Terms of Service
Last Updated: July 11, 2026
These Terms of Service ("Terms," "Agreement") are a binding agreement between you and The Red Building Group LLC ("Company," "we," "us," or "our") governing your download, installation, and use of the Big Air Surf mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App.
1. Definitions
"Shells" means the in-App virtual soft currency earned by playing and spent on optional Boards or extra runs. "Boards" means the cosmetic and handling-variant equipment selectable for each Rider. "Pro Unlock" means the one-time, non-consumable in-App purchase described in Section 8. "User Content" means any screenshot, score, or message you generate through the App's Share feature.
2. The App
Big Air Surf is a single-player arcade surfing game for iOS devices. No account, registration, or login is required to play. The App requires a compatible iOS device. Certain optional features — the rewarded-video bonus and the Pro Unlock purchase — require an internet connection and a valid Apple ID; the core game does not.
This Agreement is concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the App and its content. Nothing in this Agreement conflicts with the Apple Media Services Terms and Conditions.
Because the App does not use accounts or cloud saves, your progress, Shells, and unlocked Boards are stored locally on your device only. We are not responsible for lost progress resulting from deleting the App, restoring or replacing your device, or any other loss of local data. The Pro Unlock is the only element of your progress that can be restored, and only via the "Restore Purchases" function tied to your Apple ID.
3. Ownership; License; Restrictions
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial entertainment on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's App Store Terms of Service. The App may also be accessed, acquired, and used by other accounts associated with the purchaser through Family Sharing, volume purchasing, or Legacy Contacts, where permitted by Apple's Usage Rules.
You may not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App, except to the extent such restriction is prohibited by applicable law; (c) rent, lease, sell, redistribute, or sublicense the App; (d) remove or obscure any proprietary notices; or (e) use the App for any commercial purpose, including streaming or exhibition for payment, without our prior written consent. All artwork, code, characters, names ("Big Air Surf," the Surfer, the Bodyboarder), audio, and other content in the App are owned by the Company or its licensors and protected by intellectual property laws.
4. User Content and the Share Feature
The App includes an optional Share feature that lets you post a locally generated screenshot and score summary through Apple's native Share Sheet to a destination of your choosing (Messages, Mail, social apps, AirDrop, etc.). You are solely responsible for any User Content you choose to share and for complying with the terms of any destination service you share it to. We do not store, monitor, or have any access to what you share or where you share it.
5. Acceptable Use Policy
You agree not to use the App to: (a) violate any applicable law or regulation; (b) reverse engineer or extract game assets, code, or data through automated means; (c) interfere with, disrupt, or attempt to gain unauthorized access to the App, its servers, or any connected third-party service; (d) exploit bugs or defects for unauthorized advantage in a way that harms the integrity of the App; (e) distribute malware or harmful code through or in connection with the App; or (f) use the App in any way that could disable, overburden, or impair the App or interfere with any other party's use of it.
6. Export Controls and International Use
The App may be subject to U.S. export control laws and applicable export or import regulations of other countries. You agree not to use or export the App in violation of any such laws or regulations, including use in or by any embargoed country or by any restricted or denied party under applicable law.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
7. General Audience; Children's Privacy
Big Air Surf is intended for a general audience and is available to players of all ages, subject to the age rating assigned to the App on the App Store. The App has no accounts, forms, chat, or other feature that collects personal information from any user, child or otherwise, and does not include chat, messaging, or any way for one player to contact another. We do not knowingly collect personal information from children in violation of the Children's Online Privacy Protection Act ("COPPA") or similar laws. If you believe a child has nonetheless shared personal information with us — for example, through our support form — please contact us using the details in Section 20 and we will delete it.
Parents and guardians are responsible for supervising a minor's use of the App, including any decision to watch rewarded video ads or make the optional Pro Unlock purchase. In-App purchases are processed by Apple and can be restricted or require additional authorization through your device's Screen Time, Ask to Buy, or similar parental control settings, which we encourage parents to enable for devices used by children.
8. In-App Purchases; Virtual Currency; Payments
The App offers one optional, one-time, non-consumable in-App purchase (the "Pro Unlock") that removes the daily free-run limit and unlocks a signature Board for each Rider. All purchases are processed by Apple through your App Store account, and the price shown is set and billed by Apple and may vary by region. Except as required by applicable law or Apple's own refund policies, all purchases are final and non-refundable. If the Pro Unlock is materially non-functional, Apple's standard App Store refund process is your available remedy.
In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
Shells are earned by playing and may be spent on optional extra runs or Boards. Shells and Boards: (a) have no monetary value and cannot be exchanged, sold, transferred, or redeemed for cash or any other consideration; (b) exist only within the App and are tied to the local install on your device, not to an account; and (c) may be reset, adjusted, or lost if you delete the App, reset your device, or otherwise lose the local install, without any entitlement to compensation or replacement.
The App also offers free daily runs that reset on a rolling basis. This is a gameplay pacing mechanic, not a purchase, and nothing in this Agreement guarantees any particular number of runs, Shells, or rate of in-App progress.
9. Advertising and Third-Party Services
The App displays optional rewarded-video advertisements served through Google AdMob to grant a bonus run or Shells; these are the only advertising format in the App. Where required by applicable law (including in the EEA and UK), a consent prompt is shown before ads are requested. We do not control, and are not responsible for, the content of any third-party advertisement, or the practices of Google, its advertising partners, or any other third-party service integrated with the App. Your use of any third-party service accessed through the App is subject to that service's own terms and privacy policy. You must comply with all applicable third-party terms of agreement when using the App.
10. Warranty Disclaimer
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY ADVERTISEMENTS SERVED THROUGH THE APP WILL BE ACCURATE OR APPROPRIATE FOR ALL AUDIENCES. YOU USE THE APP AT YOUR OWN RISK.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use or misuse of the App; (b) your violation of this Agreement; (c) your violation of any applicable law or the rights of any third party; or (d) any User Content you share.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR IN-APP PROGRESS (INCLUDING SHELLS OR BOARDS), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $3.99 USD.
13. Service Availability and Modifications
We do not guarantee that the App, or any particular feature (including ads or the Pro Unlock), will always be available, accessible, or uninterrupted. We may modify, suspend, or discontinue any part of the App, including drop rates, Shell rewards, Board availability, or the daily free-run count, at any time without notice and without liability to you.
The Company is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services with respect to the App. For assistance, contact us using the details in Section 20.
14. Termination
This Agreement is effective until terminated. We may terminate or suspend your right to use the App at any time if you violate this Agreement or for any other reason, including discontinuing the App entirely. You may terminate this Agreement at any time by deleting the App. Sections 3 (as to restrictions), 4, 10, 11, 12, 15, and 18–20 survive termination.
15. Governing Law, Arbitration, Class Action & Jury Trial Waiver
A. Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute not subject to arbitration under this Section shall be brought exclusively in the state or federal courts located in Duval County, Florida, and you consent to personal jurisdiction there.
B. Arbitration. Except for claims that qualify for small claims court or claims of intellectual property infringement (which we may bring in court to seek injunctive relief), you and the Company agree to resolve any dispute arising out of or relating to this Agreement or the App through binding arbitration administered by the American Arbitration Association in Duval County, Florida, under the Federal Arbitration Act, rather than in court, following a good-faith 60-day informal resolution period. You may opt out of this arbitration agreement by emailing the address in Section 20 with your first and last name within 10 days of first accepting this Agreement.
C. Class Action / Jury Trial Waiver. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
D. Limitation of Time to File Claim. Any cause of action arising out of or related to this Agreement must be commenced within one (1) year after the cause of action accrues, or it is permanently barred.
16. Modifications to Terms
We may revise this Agreement from time to time. The "Last Updated" date above reflects the most recent changes. Your continued use of the App after a revised Agreement is posted constitutes your acceptance of it.
17. Force Majeure
Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disaster, war, government action, internet or utility failures, or the unavailability of third-party services (including Apple's App Store or Google AdMob).
18. Miscellaneous
Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Company regarding the App. Severability. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force. No Waiver. Our failure to enforce any right or provision is not a waiver of that right. Assignment. You may not assign this Agreement; we may assign it without restriction.
19. Third-Party Beneficiary
You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
20. Contact Information
The Red Building Group LLC
PO Box 2518
Jacksonville, FL 32203
legal@theredbuildinggroup.com