APENGAMES OÜ Terms of Use (EULA)

The terms of this agreement («Terms of Use») govern the relationship between you and APENGAMES OÜ, a Estonian company (14778016), with its address at the Estonia, Harjumaa, Tallinn linn, Vesivärava tn 50-201, 10152 («APENGAMES OÜ» or «Us» or «We») regarding your use of APENGAMES OÜ’s games/apps, websites and related services (the «Service»), including all information, text, graphics, software, and services, available for your use. By using this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of APENGAMES OÜ’s mobile games/apps from app stores, you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use this website and/or download any of our Games/Apps.

APENGAMES OÜ is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of this website and APENGAMES OÜ’s games/apps.

APENGAMES OÜ reserves the right to make changes to or update the content of the website and its Games/Apps or the format thereof at any time and without any notice. APENGAMES OÜ reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

WARRANTIES AND DISCLAIMERS

ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED «AS IS.» APENGAMES OÜ HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

APENGAMES OÜ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. APENGAMES OÜ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

APENGAMES OÜ ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.

IN NO CASE SHALL APENGAMES OÜ BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF APENGAMES OÜ INFORMATION) REGARDLESS OF WHETHER APENGAMES OÜ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

Copyright

Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to APENGAMES OÜ and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of APENGAMES OÜ is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

APENGAMES OÜ disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by APENGAMES OÜ «AS IS,» without warranty of any kind, either expressed or implied.

In-Game Currencies and Goods

APENGAMES OÜ’s mobile and social games/apps include virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”). Please note that APENGAMES OÜ does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ Terms of Use.

In addition to all third-party obligations, the following shall apply. In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games/Apps is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the Games/Apps.

You also agree that all prices and sales of Virtual Currency and Virtual Items are final. Neither third-party payment providers nor APENGAMES OÜ issue refunds for completed transactions except as provided in this Terms of Use. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at APENGAMES OÜ’s sole and absolute discretion, or if APENGAMES OÜ discontinues its Games/Apps, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. APENGAMES OÜ has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit and at its sole discretion, and APENGAMES OÜ is under no obligation to compensate you or anyone else for any resulting losses.

Refunds

If you give your account or payment details to someone else, appear to be abusing our policies, or don’t protect your account with authentication, we usually can’t issue a refund.

In case of refund, payment processor’s standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged t o users for product purchases.

Special refund regulation for Google Play

If the purchase isn’t what you expected, doesn’t work, or you don’t want it any more, you can:

1. Request a refund on the Google Play website. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through Google Play, or
2. Get support from APENGAMES OÜ.

You should contact APENGAMES OÜ if:

• You have a question about the Games/Apps.
• You made an in-game purchase but it wasn’t delivered or isn’t working as you expected.
• You want a refund and it’s more than 48 hours since you made the purchase. Please note that according to our rules you are not entitled to refund if it’s more than 30 calendar days since you made the purchase. Each request for refund are subject to APENGAMES OÜ investigation. Refund will be given if APENGAMES OÜ finds the request acceptable according to this Terms of Use.

How to find our contact information (for Google Play)

1. Visit https://play.google.com/store.
2. Browse or search for the Game.
3. Locate and select the Game to open the detail page.
4. Scroll down to the «Additional information» section.
5. Review the contact information listed.

When you contact us, please, let us know:

• The Game you’re using.
• The issue you’re having. Such as «My in-app purchase didn’t come through,» or «the app isn’t working properly when I open it.»
• The response you’d like. For example, mention whether you’d like help fixing the issue or would like a refund for your purchase.

If your inquiry is about a problem with a purchase you made, you should expect a response within three business days and within 24 hours to any support or product concerns stated to be urgent by Google.

Special refund regulation for AppStore

You can report to Apple a problem with any purchase that you’ve made using the link http://reportaproblem.apple.com/. If technical problems prevent or unreasonably delay delivery the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com/ for more information .

Subscriptions

Some of APENGAMES OÜ’s Apps may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a weekly/monthly subscription contract with APENGAMES OÜ. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services purchased in a APENGAMES OÜ App played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Trial subscriptions are offered free of charge for a certain period of time from activation specified in the relevant trial offer in the App. If you do not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the App at the time of the activation of the trial period. You may cancel a subscription during its free trial period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.

Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are responsible for the timely payment of all fees and for providing APENGAMES OÜ with valid credit card or payment account details for payment of all fees. In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reason, your subscription will be automatically cancelled.

Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method, if you change your account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.

Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device. For iOS subscriptions, please see Apple’s support page https://support.apple.com/en-gb/HT202039. For Google Play subscriptions, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid.

Except where required by applicable law, paid subscription fees are non-refundable.

APENGAMES OÜ in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to agree to the increase in subscription fee, your subscription shall expire at the end of the then-current subscription period.

Rights to Content and User Generated Content

“Content” refers to all software (including without limitation all Games/Apps, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation and character profile information), APENGAMES OÜ social media pages (including without limitation posts, titles, text, images, videos, messages, video), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by APENGAMES OÜ and/or received or made available while playing the Games/Using Apps or developed during the course of the Games/Apps. Content also includes user-generated Content («UGC»). UGC includes posts, profile content, videos or images created with the use of APENGAMES OÜ content, all feedback, comments, or suggestions that APENGAMES OÜ receives from you regarding the Games/Apps and other Content contributed by users. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by APENGAMES OÜ. APENGAMES OÜ reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is copyrighted under the Laws of Estonia and/or similar laws of other jurisdictions, protecting it from unauthorized use.

APENGAMES OÜ reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games/Apps. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of APENGAMES OÜ’s and/or any other third party’s intellectual property rights. APENGAMES OÜ, its logos, Game titles, and all related characters and elements are trademarks of APENGAMES OÜ and may not be used without its prior written consent.

If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to APENGAMES OÜ all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant APENGAMES OÜ the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us. The UGC must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us.

At our discretion, APENGAMES OÜ representatives or technology may monitor certain Content in the Games/Apps, though it cannot and makes no undertaking to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games/Apps or in any Games/Apps-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. Users create, download and use UGC at their own risk. You are responsible for your UGC. You understand and agree that we are not responsible or liable for any Content generated by users of the Games/Apps. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our Games/Apps and related services.

You acknowledge and agree that APENGAMES OÜ may use built-in tracking features to obtain information regarding your use of the Games/Apps in order to improve the services we provide, and agree that such information is deemed to be Content for all intents and purposes under these Terms.

Information Provided by You

The use of all materials and information sent through or in connection with this website and/or APENGAMES OÜ’s software by you is subject to our Privacy Policy .

Use of Software

The software available for download on this website or in app stores, as well as available on social networks, and all its documentation are the copyrighted work of APENGAMES OÜ. Use of that software is governed by the terms of the end-user license agreement that accompanies or is included in it. You are not able to use, download, or install any software without first agreeing to the terms of the end-user license agreement that accompanies or is included in it.

You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games/Apps except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.

The software is supplied «AS IS.» APENGAMES OÜ disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.

You understand that APENGAMES OÜ’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.

APENGAMES OÜ grants you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use APENGAMES OÜ software for any purpose other than that described in the license granted to you. Any illegal use of our software is solely your responsibility.

User Conduct

You may be required to register an account (the “Account”) on the Service. Your use of the Service is governed by and maintained and enforced by APENGAMES OÜ through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and APENGAMES OÜ reserves the right to determine which conduct is considered to be outside the spirit of the Games/Apps and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games/Apps, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games/Apps.

You acknowledge and agree that if APENGAMES OÜ finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or APENGAMES OÜ reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.

You agree that you will not:

• Transmit or post any content or use language deemed to be offensive at APENGAMES OÜ’s sole discretion, including, without limitation, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, nor may you misspell or use an alternative spelling to circumvent or attempt to circumvent the content and language restrictions listed above
• Post and/or make available to the public any other user’s personal information in the Games/Apps and/or any game-related services without that user’s express written consent, though users may communicate their own personal information
• Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity
• Improperly use APENGAMES OÜ’s support services, including without limitation submission of false reports of abuse or misconduct by any party
• Disable, interfere with, or circumvent any security feature of the Games/Apps or any feature that restricts or enforces limitations on the use of or access to the Games/Apps or Content
• Participate in any activities and/or perform any actions that, in APENGAMES OÜ’s sole opinion, lead to, result in, or may result in an authorized user of the Games/Apps being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games/Apps
• Sell APENGAMES OÜ’s Games/Apps or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value
• Engage in cheating or any other fraudulent activity deemed by APENGAMES OÜ to be in conflict with the spirit of the Games/Apps
• Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Service and/or any APENGAMES OÜ’s Games/Apps
• Share your password or any credentials you may use to access your Account with anyone
• Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself
• Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.)

Minors

You must be at least 13 years old to access and/or use our website or Games/Apps. If you are a minor over the age of 13, we recommend seeking consent from a parent or legal guardian before accessing and/or using our website or Games/Apps.

Termination

We reserve the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these terms. In the event that we suspend or terminate your account, you will have no further access to your account and/or any Content associated with it. As stated above, APENGAMES OÜ and third-party e-commerce payment providers will not issue any refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games/Apps.

Applicable Law

These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of Estonia.

Severability

You and APENGAMES OÜ agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.

Supplemental Policies

Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by APENGAMES OÜ. Your right to use such services is subject to the pertinent policies and these Terms of Use.

YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

If you have any questions or comments, please contact us at info@apengames.com. Please also see our Privacy Policy.