Terms of Service

1. Acceptance of these terms

These Terms of Service (the “Terms”) form a binding agreement between you and Torira Games LLC, a limited liability company registered in the United States of America (“Torira Games”, “we”, “us” or “our”). They govern your use of:

• our website at toriragames.com (the “Site”); and
• any mobile game or application published or operated by Torira Games LLC (each, an “App”, and together with the Site, the “Services”).

By downloading, installing, accessing or using any of the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services and uninstall any App you have downloaded.

Business relationships with developers, studios, advertisers and other partners are governed by a separate written agreement. Where such an agreement conflicts with these Terms, that agreement prevails for that relationship.

2. Eligibility and age

You may use the Services only if you can form a binding contract with us under applicable law and are not barred from doing so under the laws of your jurisdiction.

Unless an App’s store listing states that it is directed to children, our Apps are intended for users aged 13 and over (16 and over in jurisdictions where that is the minimum age for consent to data processing). If you are a minor in your jurisdiction, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your activity, including any purchases.

For Apps designed for a family or child audience, additional in-app protections apply as described in our Privacy Policy.

3. License to use our games

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download and use one copy of each App on a device you own or control, solely for your personal, non-commercial entertainment.

This is a license, not a sale. We and our licensors retain all right, title and interest in and to the Apps. You may not:

• copy, modify, translate or create derivative works of an App except as permitted by mandatory law;
• reverse engineer, decompile or disassemble any part of an App, except to the extent that applicable law expressly prohibits this restriction;
• rent, lease, lend, sell, redistribute, sublicense or commercially exploit an App;
• remove, obscure or alter any proprietary notice; or
• use an App to develop a competing product or to train machine learning models, without our prior written permission.

4. Accounts

Some Apps let you create an account or sign in through a third-party service. You agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity under your account. Notify us at support@toriragames.com if you suspect unauthorized use.

You may delete your account at any time from within the App (where an account feature exists) or by contacting us — see account and data deletion. Accounts are personal to you and may not be sold, transferred or shared.

5. Purchases and virtual items

Our Apps may offer in-app purchases of virtual currency, virtual goods, cosmetic items, ad removal, or other digital content (“Virtual Items”).

• All in-app purchases of digital content are processed by the platform operator — Google Play Billing on Android and Apple In-App Purchase on iOS. We do not collect or store your payment card details. The platform’s terms of sale apply to the transaction.
• Prices are shown in your local currency before purchase and may include applicable taxes. Prices may change, but a change never applies to a purchase already completed.
• Virtual Items are licensed to you for use inside the relevant App only. They have no monetary value, are not your property, cannot be redeemed for real money or transferred outside the App, and may not be traded or sold.
• We may modify, replace, rebalance or remove Virtual Items to keep a game working and balanced. If we permanently discontinue an App, unused Virtual Items may cease to be available, subject to your rights under applicable consumer law.
• Buying or selling accounts, Virtual Items or currency through unauthorized third parties is prohibited and may result in suspension.

If a purchase does not deliver correctly, contact support@toriragames.com with your store receipt and we will investigate.

6. Subscriptions

Where an App offers a subscription, the price, billing period and what is included are disclosed before you subscribe. Subscriptions renew automatically at the end of each billing period until you cancel. You can manage or cancel a subscription in your Google Play or Apple ID account settings; cancellation takes effect at the end of the current period. Deleting an App does not cancel a subscription.

7. Refunds

Because purchases are processed by the platform operator, refunds are handled under Google Play’s or Apple’s refund policies, and requests should normally be made to them. We may, at our discretion, assist with or grant refunds for purchases that failed to deliver. Nothing in these Terms limits mandatory statutory withdrawal, cancellation or refund rights you may have under the consumer law of your country of residence.

8. Advertising in our games

Most of our Apps are free to play and supported by advertising. By using them, you understand that advertisements — including banners, interstitials, rewarded video and offer walls — may be displayed, and that ad partners may process limited data as described in our Privacy Policy. Rewarded ads are always optional: you choose whether to watch one in exchange for an in-game reward. We are not responsible for the content of third-party ads or for the products advertised; report anything inappropriate to support@toriragames.com and we will pass it to the network.

9. Acceptable use

When using the Services, you agree not to:

• cheat, exploit bugs, use bots, automation, emulators for unfair advantage, modified clients, or any tool that alters normal gameplay;
• interfere with or attempt to gain unauthorized access to our servers, systems or other users’ accounts;
• generate fraudulent installs, clicks, impressions or rewards, or otherwise engage in ad fraud;
• upload or transmit content that is unlawful, hateful, harassing, sexually explicit, violent, defamatory, or that infringes anyone’s rights;
• impersonate any person or misrepresent your affiliation with anyone;
• use the Services in violation of any applicable law, export control or sanctions regime; or
• scrape, harvest or collect data about other users.

10. Your content

Where an App lets you submit content — such as a nickname, avatar, message or creation (“User Content”) — you keep ownership of it. You grant Torira Games a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display and adapt that User Content for the purpose of operating, promoting and improving the Services. You represent that you have the rights necessary to grant that license and that the content does not violate section 9. We may remove User Content that breaches these Terms or applicable law.

11. Intellectual property

The Services, including all software, artwork, characters, audio, text, trademarks and logos, are owned by Torira Games LLC, our partner studios, or our licensors, and are protected by copyright, trademark and other laws. Nothing in these Terms transfers any of those rights to you. “Torira Games” and our logo are our trademarks. Google Play, Android, Apple and App Store are trademarks of their respective owners and are used for identification only.

12. Platform and third-party terms

Your use of an App is also subject to the terms of the platform you obtained it from.

12.1 Apple App Store

For Apps downloaded from the Apple App Store, the following applies:

• These Terms are between you and Torira Games LLC only, not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
• The license granted in section 3 is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the App.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Torira Games, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal requirements, and claims arising under consumer protection or privacy law.
• Torira Games, not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12.2 Google Play

For Apps downloaded from Google Play, your use is additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.

13. Updates, changes and availability

We may update, patch, rebalance or change any App at any time, and may add or remove features. We may also stop offering an App or discontinue support for older operating system versions or devices. We aim to give reasonable notice before permanently shutting down an online service, where practical. The Services are provided on an “as available” basis and may be interrupted for maintenance, updates or reasons outside our control.

14. Suspension and termination

You may stop using the Services at any time by deleting your account and uninstalling the Apps. We may suspend or terminate your access, with notice where reasonably possible, if you materially breach these Terms, if we are required to do so by law or by a platform operator, or if your use creates risk or legal exposure for us or other users. On termination, the licenses granted to you end and unused Virtual Items may be forfeited, except where applicable consumer law provides otherwise. Sections that by their nature should survive termination — including sections 10, 11, 15, 16, 17, 18 and 21 — do survive.

15. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

16. Limitation of liability

To the maximum extent permitted by applicable law, Torira Games LLC and its officers, members, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or Virtual Items, arising out of or relating to your use of the Services, whether based on warranty, contract, tort or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the Services is limited to the greater of (a) the total amount you paid us for the relevant App in the twelve (12) months before the event giving rise to the claim, or (b) fifty US dollars (US$50).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

17. Indemnification

You agree to indemnify and hold harmless Torira Games LLC and its personnel from any claims, damages, liabilities, losses and reasonable legal fees arising from your breach of these Terms, your User Content, or your misuse of the Services, except to the extent caused by our own wrongdoing.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of [insert state of formation, e.g. Delaware or Wyoming] and the federal laws of the United States, without regard to conflict-of-law rules. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of mandatory local rules, nothing here deprives you of those protections or of the right to bring proceedings in your local courts.

18.1 Informal resolution first

Before filing a claim, please contact us at support@toriragames.com with a description of the dispute. Most concerns are resolved this way. We agree to try in good faith to resolve the matter for 30 days from the date of your notice.

18.2 Venue

If the dispute is not resolved informally, you and Torira Games agree that it will be brought exclusively in the state or federal courts located in [insert county and state], and you and we consent to the personal jurisdiction of those courts, subject to the consumer protections described above.

19. Copyright complaints

If you believe content in one of our Services infringes your copyright, send a notice to support@toriragames.com including: identification of the work claimed to be infringed; identification of the material and where it is located; your contact details; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and your physical or electronic signature. We respond to valid notices in accordance with the Digital Millennium Copyright Act and may remove the material and terminate repeat infringers.

20. Changes to these terms

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice — for example an in-app notice or a notice on the Site — before it takes effect. The “Last updated” date above always reflects the current version. Continuing to use the Services after the effective date of a change means you accept the revised Terms; if you do not accept them, stop using the Services and delete your account.

21. General provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is held unenforceable, the rest remains in force and the unenforceable part is limited to the minimum extent necessary.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version prevails in case of conflict.

22. Contact

• Email: support@toriragames.com
• Company: Torira Games LLC, United States of America
• Mailing address: [Insert full registered address]