These Terms of Use apply to all services provided by SPINDRIFT Games, i.e. to our game apps and to any other additional services (e.g. our support, our web or social media sites etc.). In addition, the use of our services is governed by our Privacy Policy which is accessible in the same way as these Terms.

Our services are intended for people who are at least 13 years old. If you are under 18, or a minor according to the laws applicable to you, your legal representative must review these Terms and must agree to them.

These Terms affect your legal rights and obligations, so if you do not / your legal representative does not agree to these Terms, you may not use our services.

Use of our Services

Our services are provided to you for your personal and non-commercial use only.

As long as you comply with these Terms, we grant to you a limited, non-exclusive, non-sublicensable and non-transferable right to use our services including the executable versions of our application (no source code). For avoidance of doubt, this right does not entitle you to sell or otherwise exploit any items included in our services.

You may freely upload recordings (audio, video and screenshots) of our services to social media or other online services (such as YouTube, Twitch, TikTok etc.). However, you may not edit such material in a way that misrepresents our services.

You are solely responsible for all your use of our services. You may not allow others to use your password, or use passwords of others. You agree that you are personally responsible for all of the communication and activity in connection with our services.

You may not use any technological or other means to use our services in a way that is not compliant with these Terms or within the spirit of fair use. In particular you may not attempt to decompile, reverse engineer, disassemble or hack any of our services.

If you fail to comply with these Terms, or if we have reasonable grounds to suspect any illegal or improper use of our services we may limit, suspend, or terminate access to our services, without notice to you and without limiting other remedies.

As a result of termination or limitation of your right to use our services, you may lose in-app-purchases, privileges, achievements or other virtual items associated with your use of our services, and SPINDRIFT Games is under no obligation to compensate you for any such losses.

Beta Tests

We may offer to you a chance to participate in beta tests of some of our services. By participating in beta tests you acknowledge and accept that:

a) The services being beta-tested may not function on some devices even if the device has the required hardware and software specifications. In the worst case they may cause crashes of the operating system of your device or make the system unstable.

b) We may need to reset in-app-purchases, privileges, achievements or other virtual items associated with your use of our services during the course of a beta test. In this case we will try to restore the respective items, but we have no obligation to refund you for such losses, if this attempt fails.

c) By submitting any feedback or idea to SPINDRIFT Games regarding the beta tested services you agree that we can utilize your submission in any way and without any compensation to you.

In-App-Purchases and other Virtual Items

Our game apps may offer in-app-purchases or other possibilities to acquire privileges, achievements or other virtual items. All of these virtual items are stored on your device as long as the application is not uninstalled/deleted. When there is a network connection available the virtual items may also be stored by third-party services (e.g. Unity Gaming Services, Google Play Store or Apple App Store).

When you reinstall the game application on the same or on another device the application provides an restoring function in order to restore your in-app-purchases, privileges, achievements or other virtual items that were stored by one of the aforementioned third-party services.

We will keep this automatic restoring function up-to-date as long as the game application is distributed and the respective game services provider does not suspend or terminate its services. However, if this automatic restoration fails, SPINDRIFT Games has no obligation to provide for an individual restoration of your virtual items.

You also acknowledge that, if this automatic restoration fails, you will not receive a refund or any other compensation for lost in-app-purchases or other virtual items.

Modifications and Support

We reserve the right to change the fees related to our services at any time.

You agree that for several reasons (like for example system security and stability of our services) we may need to automatically update the application. Accordingly, the system requirements to use the application may change over time. However, these Terms do not entitle you to receive such updates of the application. SPINDRIFT Games may choose to provide updates in its sole discretion.

All updates are provided to you on a license exchange basis. You agree that by using an update you voluntarily terminate your right to use any previous version. Updates may be licensed to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to further use our services.

We shall have no obligation to provide support or maintenance for our services under these Terms. We may, at our sole discretion, provide limited customer support for our services.

Personal Data

The use of your personal data is governed by our Privacy Policy which is accessible in the same way as these Terms of Use. You consent to processing your personal data in accordance with this Privacy Policy by downloading, installing, accessing or using our services.

Third-Party Services and Content

You understand that there are services connected with our services which are provided by third parties and which we do not control (e.g. Unity Gaming Services, Google Play Store or Apple App Store). Hence we assume no responsibility for such third-party services and for content in third-party services.

Intellectual Property Rights

The design of our services and all content (including text, scripts, graphics, interactive features and the like) as well as the trademarks, service marks and logos contained therein are owned by or licensed to SPINDRIFT Games. Except as expressly provided in these Terms, we do not grant to you any rights to use this intellectual property.

You further acknowledge and agree that any content that is created through your interaction with our game apps (in particular audio and video recording of the game application) shall be the property of and owned by SPINDRIFT Games.

Any use of our intellectual property other than specifically authorized in these Terms will terminate the license to use our services.

Disclaimer / No Warranty

To the maximum extent permitted by applicable law, we make no warranty or representation with respect to our services, their quality, performance, or fitness for a particular purpose. As a result, we provide our services “as is” and “as available”.

Limitation of Liability

You understand that our game application is controlled by motions of your device. This implies the risk that you lose the grip and drop your device when playing and that your device is – as a result of this fall – damaged or destroyed. You acknowledge and agree that we shall have no liability whatsoever in connection with this given risk.

With respect to any other damages SPINDRIFT Games shall be liable only for damages that were caused by gross or wanton negligence or willful misconduct. In this case the liability for damages is limited to direct and foreseeable damages. Hence SPINDRIFT Games cannot be held liable for any other damages like indirect, incidental, special or  consequential damages or lost profits, even if SPINDRIFT Games has been advised of the possibility of such damages.

Some jurisdictions may not allow (some) limitations of liability. In such cases some limitations may not apply to you.

Termination

The license to use our services granted under these Terms remains in effect until terminated by you or us.

You may terminate the license at any time by uninstalling or destroying the application. SPINDRIFT Games shall have the right to discontinue, at its sole discretion, any aspect of our services at any time.

The license will automatically terminate without notice from us if you in any way breach any provision of these Terms.

The termination of the license for any reason shall not release you or us from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving a termination or expiration, or (b) remain to be performed, or (c) by their nature are intended to be applicable following a termination or expiration.

Conflicts of Law

These Terms do not change your rights under the mandatory provisions under the laws of your country.

You and SPINDRIFT Games agree that if any provision of these Terms or of our Privacy Policy is found illegal or unenforceable by a court of competent jurisdiction, such provision shall be ineffective, but solely to the extent of such determination of invalidity or unenforceability. Such determination will not affect the validity or enforceability of this provision in any other jurisdiction and will not affect the remaining provisions of these Terms or our Privacy Policy, which shall continue to be effective.

Changes and Amendments

We reserve the right to change, modify, add or remove portions of these Terms and our Privacy Policy at any time. In case of substantial changes to these provisions we will notify you by posting a note in our services. If at any point you do not agree to the then-current version of our Terms or our Privacy Policy, your license to use our services shall immediately terminate and you must immediately stop using our services. Otherwise you will be deemed to have accepted such changes by continuing to use our services.

For this reason please check on a regular basis our services for notes regarding changes to these Terms or our Privacy Policy. Thank you!