1. Scope and acceptance
These Terms of Service (“Terms”) are between you and DigitalNine Studio (“we,” “us,” or “our”). They govern your access to and use of the games, applications, websites, and related services that we provide and that link to or expressly incorporate these Terms (collectively, the “Services”). Features and commercial terms may vary between Services.
By accepting these Terms through a control provided for that purpose, or by using the Services after being given a reasonable opportunity to review them, you agree to these Terms to the extent recognized by applicable law. If you do not agree, do not use the Services.
Additional terms may apply to a particular feature, purchase, or promotion if they are disclosed to you before you use it. Those terms govern that specific feature or transaction where they conflict with these Terms, subject always to applicable mandatory law.
2. Eligibility and use by minors
You must have the legal capacity to enter into this agreement. If you have not reached the age at which you can do so independently, you may use the Services only where applicable law and the relevant Service permit it, and with the authorization and supervision of a parent or legal guardian who has reviewed these Terms.
If you accept these Terms as a parent or legal guardian on behalf of a minor, you are responsible for supervising that minor’s use and authorizing purchases to the extent required or permitted by law. An app-store content rating does not, by itself, establish contractual capacity or replace any consent required by law.
You must not use the Services where doing so would violate applicable law or any age or access restriction expressly stated for the relevant Service.
3. Permission to use the Services
Subject to these Terms and any applicable app-store rules, we grant you a limited, non-exclusive, non-transferable permission to install and use the relevant application on a device you own or lawfully control, and to access the website, for personal, non-commercial purposes.
This permission does not transfer ownership of the Services or their content. It continues only while your use remains authorized under these Terms. Any rights arising under an applicable open-source license or a law that cannot be overridden by contract remain unaffected.
4. Prohibited conduct
You must not:
- Use the Services for fraud, unlawful activity, or infringement of another person’s rights.
- Use cheats, bots, unauthorized automation, modified clients, or exploits to obtain an unfair advantage, manipulate progress or rewards, or interfere with normal operation.
- Bypass access restrictions, purchase verification, security controls, or limits on how the Services may be used.
- Access another person’s account or information without authorization, impersonate another person, or misrepresent an association with us.
- Introduce malicious code, disrupt networks or systems, or probe systems without authorization.
- Copy, sell, redistribute, commercially exploit, or create derivative works of the Services or their protected content without permission.
- Reverse engineer, decompile, or disassemble software except where applicable law or a relevant license expressly permits it.
- Submit unlawful, infringing, threatening, abusive, or deceptive material, or personal information you are not entitled to disclose.
These restrictions do not prohibit an activity to the extent you have a legal right to undertake it that cannot be restricted by contract.
5. Devices, accounts, and service data
You are responsible for obtaining a compatible device, an appropriate connection where needed, and any necessary permissions. Your network provider may charge for data or other services. Compatibility, performance, and feature availability may vary by device, software version, and location.
Depending on the relevant Service, access may use an account already authenticated with an app store or device platform, or account features described within that Service. Where account information is requested, provide accurate information and take reasonable steps to protect your device and credentials. Follow the relevant platform’s sign-in and security rules, and do not sell, share, or transfer access unless authorized. Do not send us your app-store password. Responsibility for unauthorized activity is determined by applicable law and the circumstances of the activity; these Terms do not automatically make you liable for every action taken through an account.
Progress, settings, and other game data may be stored on your device or through a feature available in the relevant Service. Unless expressly stated for that feature, we do not guarantee backup, synchronization, transfer between devices, or recovery after deletion, reinstallation, device failure, or loss of access. This does not limit any mandatory rights relating to paid content or personal information.
6. Purchases and subscriptions, where offered
Some Services may be available without charge, contain advertising, or offer purchases, paid features, or subscriptions. The price, content, duration, and any limits, renewal terms, or trial conditions are those disclosed in the relevant Service or app store before the transaction. Availability of a paid feature in one Service does not mean it is available in another.
Transactions made through an app store or another payment provider are also subject to that provider’s applicable terms. Use only a payment method you are authorized to use. The app store or payment provider may handle payment authorization, billing, taxes, receipts, and refund requests. Follow the procedures provided for the relevant purchase channel, and do not send us passwords or complete payment-card details.
If an automatically renewing subscription is offered, it renews only on the terms disclosed when you subscribe. Manage cancellation through the app store or other channel used to purchase it and follow the deadline shown there. Deleting an application or ceasing to use it does not, by itself, cancel a subscription.
Refunds, cancellation rights, and withdrawal rights are governed by applicable law and, where consistent with that law, the relevant store or provider’s rules and the terms disclosed for the purchase. Where applicable law gives you a withdrawal period for digital content or a service, any exception for immediate supply or performance depends on the conditions, consent, and acknowledgement required by that law. Nothing here removes a refund or other remedy to which you are legally entitled. Outside those requirements or an express offer, we do not provide an additional contractual entitlement to a refund.
7. Virtual items and in-game benefits, where offered
If a Service offers virtual currency, items, lives, boosters, rewards, or similar benefits (“Virtual Items”), they are licensed for use within the relevant Service and are not a bank deposit, stored-value account, or investment. Except where expressly offered or required by law, Virtual Items cannot be redeemed for money or exchanged for goods or services outside that Service.
You may not sell, transfer, or trade Virtual Items unless a feature expressly permits it. A purchase does not give you ownership of the underlying software or intellectual property.
Virtual Items remain subject to the functionality and availability of the relevant Service. We may adjust game mechanics and Virtual Items as part of changes described in Section 11, but these Terms do not authorize us to remove paid entitlements without any remedy required by applicable law.
8. Advertising, app stores, and other third parties
Some Services may display advertising or provide access to third-party content or services. Unless expressly stated, displaying an advertisement or providing access does not mean that we endorse the advertiser or guarantee its products, claims, or availability. Ad selection, measurement, and personalization are subject to the privacy notice applicable to the relevant Service, applicable consent requirements, and settings provided by the relevant platform or advertising partner.
Third parties operate under their own terms and privacy notices. We do not control their services and are not responsible for their acts or omissions except where applicable law makes us responsible. Any purchase from an advertiser or other third party is subject to the terms applicable to that transaction.
App stores may impose additional conditions on downloading and using an application. These Terms do not replace those conditions or change our responsibilities or those of the store under applicable law. Availability through a particular store is not a guarantee of continued distribution through that store.
9. Intellectual property and feedback
The software, artwork, text, audio, interfaces, names, logos, and other protected elements of the Services belong to us or their respective rights holders. Except for the permission in Section 3 or rights provided by law, no intellectual property rights are granted to you.
These Terms do not by themselves authorize you to upload or publicly post material through a Service. Any such feature, if offered, is subject to the terms disclosed for that feature.
If you voluntarily provide product suggestions or feedback, we may use it without compensation or an obligation to implement it. Do not send confidential business proposals or third-party material you are not entitled to share. This paragraph does not override any separate confidentiality agreement, intellectual property rights in submitted material, or applicable privacy obligations.
10. Privacy and rights complaints
The privacy notice made available in or with each relevant Service explains how personal information is handled for that Service. Please review the notice applicable to the Service you use. These Terms do not replace that notice, create consent where separate consent is required, or reduce rights available under applicable data-protection law.
For a suspected infringement of intellectual property rights, contact us using the details in Section 17 and provide identification of the protected work or right, the location of the disputed material, the basis of your complaint, and your contact details. Additional information may be required under applicable law.
11. Changes to the Services and these Terms
We may update, modify, suspend, or discontinue features for technical, security, legal, or operational reasons. We do not undertake to maintain a particular feature, platform, device compatibility, game balance, or version indefinitely. Any change affecting paid content remains subject to the purchase terms and applicable mandatory law, including notice, cancellation, or refund requirements where they apply.
We may revise these Terms from time to time. The version made available for review will identify its update date. Where applicable law requires notice, an opportunity to terminate, or renewed consent, those requirements apply. Changes are not intended to apply retroactively to an existing dispute or to remove rights that cannot lawfully be removed.
If you do not agree to a revised version, stop using the affected Services and cancel any optional subscription through the relevant purchase channel if you wish to end it. Continued use constitutes acceptance of revised Terms only where valid under applicable law; publication alone does not replace a legally required consent process.
12. Restriction and termination
We may restrict or suspend access where reasonably necessary to address a suspected material breach, fraud, a security risk, or a legal requirement. We may terminate access for a material breach or where continued provision is unlawful. We may also discontinue a Service under Section 11. Notice and any opportunity to remedy a breach are subject to applicable law and the need to act urgently in a particular case.
You may stop using the Services at any time. Any subscription must be cancelled separately through the relevant purchase channel. Account deletion and personal-data requests, where applicable, are handled under the applicable privacy notice and applicable law.
When permission to use a Service ends, you must stop the use that is no longer authorized. Termination does not remove any refund, access, or other remedy that mandatory law gives you. Provisions concerning accrued payment obligations, intellectual property, liability, disputes, and other matters that by their nature should continue will survive as applicable.
13. Availability and warranties
Except for an express undertaking made for a particular purchase and any rights or guarantees that cannot be excluded by law, the Services are supplied on an “as is” and “as available” basis. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, available on every device, free from every security vulnerability, or capable of recovering all lost data. We do not guarantee a particular gameplay outcome, continued availability of free content, or the correction of every defect.
These statements do not exclude a statutory guarantee, an express promise that is legally binding, or any obligation that cannot lawfully be excluded. Mandatory consumer rights take precedence over a conflicting disclaimer.
14. Responsibility and limits of liability
To the extent permitted by applicable law, we are not liable for indirect, incidental, special, or consequential loss, or loss of business profits, revenue, business opportunities, or goodwill arising from use of or inability to use the Services.
We are not responsible for loss to the extent it results from your unlawful use, an unauthorized modification, your failure to follow reasonable security instructions, or circumstances outside our reasonable control, except where applicable law provides otherwise. This does not exclude responsibility for a loss to the extent it is caused by our own conduct and cannot lawfully be excluded.
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that applicable law does not permit to be excluded or limited. Any restriction in these Terms applies only to the extent it is enforceable in your circumstances.
15. Disputes and applicable law
You may raise questions or complaints using the contact details in Section 17. Please describe the issue and provide the information reasonably needed to identify the relevant Service or transaction. Do not send passwords or complete payment-card details.
Contacting us is not a mandatory waiting period before you exercise a legal right, and does not shorten or extend a statutory claim deadline. This section does not prevent either party from seeking urgent relief or using a remedy available under applicable law.
The law applicable to these Terms and the courts or other bodies with jurisdiction are determined by applicable legal rules. Nothing in these Terms deprives a consumer of mandatory protections or a right to bring proceedings in a forum available under those rules.
16. General provisions
If a provision is found unlawful or unenforceable, it will not apply to that extent. The remainder continues where it can lawfully do so. A failure or delay in enforcing a provision does not, by itself, waive it.
You may not transfer your rights or obligations under these Terms without our written agreement, except where applicable law allows it. We may transfer them as part of a business reorganization or transfer of the relevant Services, provided the transfer does not reduce mandatory consumer protections or other rights that cannot lawfully be reduced.
These Terms, together with any applicable additional terms disclosed under Section 1, form the agreement concerning their subject matter. They do not exclude liability for misrepresentation or override rights that cannot lawfully be excluded. A third-party statement does not vary these Terms unless we have authorized it or applicable law gives it that effect.
17. Contact
For questions about these Terms or the Services, contact:
DigitalNine Studio
Email: 9333124@gmail.com