1Who this is between
These terms are an agreement between you and Cygnus Works LLC ("we", "us"). They apply when you install or play one of our games, and when you use this website. If you do not agree with them, do not install the games.
You need to be old enough to enter into this agreement where you live. If you are not, a parent or guardian has to agree on your behalf.
Google Play has its own terms, and they apply to the download and to every payment. Nothing here replaces them. How we handle data is a separate document, the privacy policy.
2What you may do with the games
We give you a personal, non-exclusive, non-transferable licence to install and play our games on devices you control, for your own entertainment. The games, their code, art, sounds and names stay ours.
What the licence does not cover: selling, renting or sublicensing a game; redistributing it or a modified copy; taking the art or code out for use in something else; or reverse engineering it, except where local law says you may do so regardless of what a contract says.
Cheating tools, modified builds and anything that fakes a leaderboard score are not covered either. A score that is clearly not real can be removed from a leaderboard, which is something Google Play Games does as much as we do.
3Purchases
Games may sell one-off items, usually an ad removal and skin packs. There are no subscriptions and no consumables. What you are buying is a permanent unlock inside that game, not a physical thing and not currency.
Every payment goes through Google Play, at the price Google Play shows for your country, including tax where that applies. Google holds the record of the purchase, not us. Because the entitlement belongs to your Google account, it comes back with the Restore button on a reinstall or a new phone.
Refunds are handled by Google Play under Google's refund policy, and by the consumer law where you live, which we do not try to sign away. We cannot refund a payment we never received.
An item you have bought is not taken away while the game is available. If we ever retire a game, see Availability.
4Ads
The games are free and carry ads from Google AdMob. There are no banner ads. A full-screen ad can appear after a game you finished, and rewarded ads only run when you choose to watch one. Buying the ad removal stops the full-screen ads in that game and keeps the rewarded extras working without an ad.
What data an ad involves is set out in the privacy policy.
5Play Games, leaderboards and your device
Leaderboards, achievements and any cloud save are run by Google Play Games Services under Google's terms. Signing in is optional and we cannot fix a Google sign-in for you.
Your progress is saved on your device. Keeping a device working, backed up and not lost is your side of that, and uninstalling a game deletes its save. We hold no copy and cannot restore one.
6Availability
We do not promise that a game stays on Google Play forever, that it will run on every device, or that a version will keep working after Android changes underneath it. Games get updated, and features can change or be removed in an update.
If we retire a game, it stops being available to download and stops getting updates. A copy already installed keeps working for as long as your device lets it, because everything a game needs to play is on the phone.
7No warranty
The games and this website are provided as they are, with no warranty of any kind. To the extent the law allows, we disclaim the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that a game is free of faults, that it will run without interruption, or that any defect will be fixed.
Some places do not allow a seller to exclude those warranties. Where that is true, this section applies only as far as the law there permits, and your statutory consumer rights are untouched.
8Limits on liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential loss, including lost data, lost progress, lost profit or the cost of a substitute, arising out of the games or this website.
Where we are liable, our total liability to you is limited to the greater of the amount you paid us for the game in question in the twelve months before the claim, or ten US dollars.
Nothing here excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be excluded.
9Ending this agreement
You end it by uninstalling the games and leaving the site. We can end it if you break these terms in a way that matters, though in practice the only thing we control is a leaderboard entry: there is no account to close, because there is no account.
10Governing law
Cygnus Works LLC is a North Carolina limited liability company. These terms are governed by the laws of the State of North Carolina and the federal law of the United States, without regard to any conflict of law rules that would apply the law of somewhere else. Any dispute goes to the state or federal courts sitting in North Carolina, and both of us agree to that.
If you are a consumer, this does not remove the protection of the mandatory law of the country you live in, or your right to bring a case in your local courts where that law gives you one.
11The usual clauses
If a part of these terms turns out to be unenforceable, the rest still stands. Not enforcing something once does not mean we have given it up. You cannot transfer this agreement to somebody else; we can transfer it if the business is sold, on the same terms. These terms and the privacy policy are the whole agreement between us about the games.
12Changes
We update these terms when the games change enough to need it. The date at the top changes with them and the current version is always at this address. Carrying on playing after a change means you accept it.
13Contact
Cygnus Works LLC, [email protected].